IC-NRLF 


2D    3D1 


GIFT  OF 


THE  SCHOOL  LAWS 
OF  IDAHO 


Enacted  by 

The  Eleventh  Session  of  the  Legislature 
Nineteen  Hundred  Eleven 


Issued  by  the  Authority  of  GRACE  M.  SHEPHERD 

Superintendent  o!  Public  Instruction 
State  of  Idaho 


PRESS  OF 

LEWISTON  EVENING  TELLER 
LCWISTON,  IDAHO 


THE  SCHOOL  LAWS 
OF  IDAHO 


Enacted  by 

The  Eleventh  Session  of  the  Legislature 
Nineteen  Hundred  Eleven 


Issued  by  the  Authority  of  GRACE  M.  SHEPHERD 

Superintendent  of  Public  Instruction 

State  of  Idaho 


PRESS  OF 

LEWISTON    EVENING    TELLER 
LETWISTON,  IDAHO 


FOREWORD. 

In  accordance  with  an  Act  passed  by  the  Tenth  Session  of 
the  Idaho  Legislature  providing  for  a  commission  to  revise 
and  codify  the  School  Laws  of  Idaho  and  to  present  a  report 
to  the  Eleventh  Session,  Governor  James  H.  Brady  appointed 
as  commissioners,  W.  R.  Siders,  Superintendent  of  the  Poca- 
tello  City  Schools,  and  G.  H.  Black,  President  of  the 
Lewiston  State  Normal.  For  two  years  these  men  worked 
assiduously  studying  the  school  laws  of  the  different  states 
throughout  the  country  and  investigating  the  educational  con- 
ditions and  needs  within  the  State. 

The  Commission  met  in  January,  1911,  and  prepared  a 
complete  report,  covering  such  amendments  to  the  preceding 
laws  and  such  additions  thereto  as  seemed  for  the  best  interests 
of  education  in  Idaho.  With  but  few  changes  the  report  of 
the  Commission  was  adopted  by  the  Legislature.  No  greater 
compliment  can  be  paid  their  work  than  that  which  is  embodied 
in  the  report  of  the  National  Bureau. of  Education.  In  part 
it  is  as  follows :  "The  code  reported  by  the  State  School  Law 
Commission  of  Idaho  and  enacted  into  law  with  a  few  minor 
amendments  must  be  rated  as  one  of  the  most  practical  and 
successful  of  such  efforts.  The  framers  did  not  make  the 
mistake  of  attempting  too  much,  and  proposed  no  radical 
change  in  prevailing  conditions.  They  prepared  a  complete 
code,  orderly  in  arrangement  and  harmonious  in  detail,  based 
upon  existing  laws  which  were  more  than  usually  defective 
and  incongruous.  Changes  were  freely  made,  but  those  changes 
were  manifestly  improvements  and  were  not  such  as  to  arouse 
severe  antagonism  and  thus  defeat  the  prime  purpose  of  the 
commission" 

I  take  this  means  of  publicly  expressing  the  gratitude  of 
the  State  for  the  efficient  and  capable  work  of  the  Commis- 
sioners. 

GRACE  M.  SHEPHERD, 

State  Superintendent  of  Public  Instruction. 


242855 


IDAHO    SCHOOL  LAWS. 

ARTICLE  I. 
STATE  BOARD  OF  EDUCATION. 

SECTION  2.  The  Superintendent  of  Public  Instruction,  the 
Secretary  of  State  and  the  Attorney  General  shall  constitute 
the  State  Board  of  Education,  of  which  the  Superintendent 
shall  be  president.  The  Board  shall  have  power  to  appoint  a 
secretary. 

Duties  and  Powers. 

SECTION  3.  The  State  Board  of  Education  shall  have  duties 
and  powers  subject  to  the  provisions  of  this  Act  as  hereinafter 
provided  in  Sections  4-18  inclusive. 

Recommend  Legislation. 

SECTION  4.  To  report  and  to  recommend  to  the  Governor 
and  to  the  Legislature,  legislation  needed  to  make  the  public 
schools  of  this  State  more  efficient  and  useful. 

General  Supervision. 

SECTION  5.  To  have  general  supervision  of  the  educational 
work  in  institutions  wholly  or  partly  supported  by  the  State, 
which  are  not  under  the  supervision  of  the  public  school 
authorities. 

Encourage  Manual  Training,  Etc. 

SECTION  6.  To  encourage  and  promote  agricultural  educa- 
tion, manual  training,  domestic  science,  and  such  other  voca- 
tional and  practical  education  as  the  needs  of  this  State  may 
from  time  to  time  require. 

Sanitation  of  School  Buildings. 

SECTION  7.  To  prescribe  rules  and  regulations  for  the  sani- 
tary equipment  and  inspection  of  school  buildings,  and  to  take 
such  other  action  as  it  may  deem  necessary  and  expedient  to 
promote  the  physical  and  moral  welfare  of  the  children  of 
the  public  schools  of  this  State. 

Supervision  of  Superintendents. 

SECTION  8.  To  have  general  supervision  of  the  work  of 
the  County  and  City  Superintendents  and  of  the  public  schools 
of  the  State. 


Note — Sec.  1  of  this  article  is  a  repealing  clause  and  of  no  value  in 
this  work. 


IDAHO    SCHOOL   LAWS. 

Course  of  Study. 

SECTION  9.  To  prepare  or  cause  to  be  prepared  a  course  of 
study  for  the  public  schools  of  the  State  and  to  prescribe  the 
use  that  shall  be  made  of  the  same. 

Examination  Questions. 

SECTION  10.  To  prepare  or  cause  to  be  prepared  examina- 
tion questions  for  all  classes  of  teachers'  certificates  requiring 
written  examinations. 

Examining  Board. 

SECTION  u.  •  To  appoint  a  sufficient  number  of  competent 
examiners  to  read  and  grade  the  papers  of  all  applicants  for 
all  classes  of  certificates,  and  to  pay  such  examiners  for  such 
services  a  sum  not  to  exceed  Five  Dollars  ($5.00)  per  diem, 
together  with  actual  mileage  and  expenses  for  all  time  spent 
upon  examining  papers  and  for  all  time  necessarily  consumed 
enroute  to  and  from  the  place  where  the  grading  is  done. 
Said  payments  shall  be  made  out  of  the  funds  of  the  State  Board 
of  Education. 

Record  of  Examinations. 

SECTION  12.  To  keep  a  record  of  the  grades  made  by  all 
persons  taking  examinations,  to  preserve  all  examination 
papers  for  ninety  (90)  days,  and  to  keep  a  record  of  all  cer- 
tificates granted  or  revoked,  showing  to  whom  issued,  age  of 
grantee,  date  of  issue,  grade  and  duration  of  each  certificate, 
and,  if  revoked,  the  date  and  reason  therefor. 

Report  on  Examinations. 

SECTION  13.  To  report  to  the  County  Superintendents  on 
the  grades  of  each  and  every  applicant  for  county  certificates 
from  the  respective  counties  throughout  the  State,  such  reports 
to  constitute  the  authority  for  the  issuance  of  such  county 
teachers'  certificates  as  are  provided  by  law. 

Institutes. 

SECTION  14.  To  prescribe  rules  and  regulations  for  the 
holding  of  teachers'  county  and  joint  county  institutes',  said 
institutes  being  convened  as  provided  by  this  Act  at  such 
times  and  places  as  shall  be  determined  by  the  County  Super- 
intendents of  the  respective  counties. 

Officers  and  Meetings. 

SECTION  15^  The  State  Board  of  Education  shall  have  such 
officers  as  it  shall  deem  necessary,  define  their  duties  and  elect 


IDAHO     SCHOOL   LAWS.  ' 

them  annually.  It  shall  fix  the  times  of  its  regular  meetings, 
which  shall  be  held  at  least  semi-annually,  and  the  manner 
of  calling  special  meetings;  it  shall  make  it  own  by-laws  and 
all  regulations  deemed  necessary  to  carry  on  the  proper  work 
and  affairs  of  the  Board. 

Office. 

SECTION  16.  The  office  of  the  Superintendent  of  Public 
Instruction  shall  be  the  office  of  the  State  Board  of  Educa- 
tion. 

Place  of  Meeting. 

SECTION  17.  The  regular  place  of  meeting  of  the  State 
Board  of  Education  shall  be  in  the  State  Capitol,  but  the 
Board  may  meet  elsewhere  when  it  is  deemed  necessary  to 
do  so. 

Employ  Assistance. 

SECTION  18.  The  State  Board  of  Education  shall  have  the 
power  to  employ  such  assistance  and  to  incur  such  other 
expense  as  it  finds  necessary  for  the  performance  of  its  duties 
within  the  limits  of  its  funds  and  of  the  appropriation  made 
for  its  use. 


ARTICLE  II. 

STATE  SUPERINTENDENT  OF  PUBLIC 
INSTRUCTION. 

Election,  Qualifications,  Residence  and  Oath  of  Office. 

SECTION  19.  There  shall  be  elected  biennially,  by  the  quali- 
fied electors  of  the  State,  a  State  Superintendent  of  Public 
Instruction,  who  shall  reside  at  the  seat  of  government,  and 
shall  perform  such  duties  as  are  prescribed  by  the  constitu- 
tion and  laws  of  the  State.  No  person  shall  be  a  candidate 
for  the  office  of  State  Superintendent  who  does  not  hold  a 
valid  State  or  State  Life  Certificate,  and  who  is  not  at  the 
time  of  nomination  actively  engaged  in  educational  work  in 
the  State  public  schools  or  in  the  State  educational  institu- 
tions. Before  entering  upon  the  duties  of  his  office,  the  State 
Superintendent  of  Public  Instruction  shall  take  and  subscribe 
to  the  oath  prescribed  by  the  constitution,  and  execute  a  bond 
in  the  penal  sum  of  Two  Thousand  Dollars  ($2000),  payable 
to  the  State  of  Idaho,  with  sureties  to  be  approved  by  the 
Governor,  conditioned  upon  the  faithful  performance  of  his 


IDAHO    SCHOOL   LAWS. 

official  duties,  and  the  delivery  to  his  successor  of  all  books, 
papers,  documents  or  other  property  belonging  to  the  office. 
Said  bond  and  oath  shall  be  deposited  with  the  Secretary  of 
State. 

Office,  Seal,  Etc. 

SECTION  20.  He  shall  have  an  office  at  the  Capitol,  where 
a  seal  shall  be  kept  which  shall  be  the  official  seal  of  the  State 
Board  of  Education,  by  which  all  official  acts  may  be  authenti- 
cated, and  all  records,  books  and  papers  pertaining  to  the  busi- 
ness of  this  office.  He  shall  file  all  papers,  reports  and  public 
documents  transmitted  to  him  by  the  County  Superintendents 
of  the  several  counties,  and  hold  the  same  in  readiness  to  be 
exhibited  to  the  Governor,  or  to  any  Committee  of  any  House 
of  the  Legislature,  or  to  any  citizen  of  the  State. 

Meetings  With  Superintendents. 

SECTION  21.  He  shall  summon  the  County  Superintendents, 
or  the  City  Superintendents  and  District  Principals  of  Graded 
Schools,  of  each  judicial  district,  or  of  two  or  more  districts 
combined,  to  meet  jointly  or  separately  at  such  time  and 
place  as  he  shall  appoint,  giving  them  due  notice  of  such 
meeting.  The  object  of  such  meetings  shall  be  to  discuss 
school  organization,  school  supervision,  and  such  other  mat- 
ters as  may  properly  come  before  such  meetings. 

The  term  "District  Principal"  means  the  head  teacher  of  a 
graded  school  of  four  or  more  teachers,  but  smaller  than  a 
Class  A  Independent  District  school,  whether  such  school 
be  maintained  under  Article  V  or  under  Article  XIII  of  this 
Act. 

General  Duties. 

SECTION  22.  (a).  He  shall  be  the  executive  officer  of  the 
State  Board  of  Education  and  shall  enforce  their  rules  and 
regulations,  and  as  such  executive  officer  shall  see  that  all 
matters  requiring  the  decision  of  the  Board  are  promptly 
placed  before  them  for  decision,  and  shall  faithfully  execute 
all  duties  devolving  upon  said  Board  through  their  executive 
officer. 

(b).  He  shall  prepare,  have  printed  and  furnished,  through 
the  County  Superintendents,  to  all  officers  charged  with  the 
administration  of  the  laws  relating  to  the  public  schools,  and 
to  teachers,  such  blank  forms  and  books  as  are  needed  or 
required  to  be  used  in  the  discharge  of  their  duties.  He  shall 
have  the  law  relating  to  the  public  schools  printed  in  pamph- 
let form  and  shall  supply  school  officers,  school  libraries  and 


IDAHO    SCHOOL   LAWS.  9 

State  libraries  with  one  copy  each  of  said  pamphlets;  said 
printing  to  be  paid  for  on  the  warrant  of  the  Auditor  out  of 
tht  general  fund,  on  bills  approved  by  the  State  Board  of 
Examiners. 

(c).  He  shall,  on  or  before  the  first  day  of  December  in 
every  year  preceding  a  regular  session  of  the  Legislature, 
report  to  the  Governor  the  condition  of  the  public  schools,  the 
amount  of  the  State  School  Fund  apportioned  and  sources 
from  which  derived,  with  such  suggestions  and  recommend- 
ations relating  to  the  affairs  of  his  office  as  he  may  think 
proper. 

(d).  It  shall  be  his  duty  to  visit  annually  such  counties 
of  the  State  as  most  need  his  personal  attention,  and  all 
counties  if  practicable,  for  the  purpose  of  inspecting  the  schools 
and  awakening  and  guiding  public  sentiment  in  relation  to 
the  practical  interests  of  education.  He  shall  open  such  cor- 
respondence as  may  enable  him  to  obtain  all  necessary  infor- 
mation relating  to  the  system  of  public  education  in  other 
states. 

(e).  All  office,  fuel,  furniture,  books,  postage,  stationery 
and  other  contingent  expenses  pertaining  to  his  office,  shall 
be  furnished  in  the  same  manner  as  those  of  other  departments 
of  the  State  government. 


ARTICLE  III. 

BOARD  OF  TEXT  BOOK  COMMISSIONERS. 
Constitution  of  Board, 

SECTION  23.  It  shall  be  the  duty  of  the  State  Board  of 
Education  of  the  State  of  Idaho  to  appoint  a  State  Board  of 
Text  Book  Commissioners,  on  or  before  the  first  day  of  April, 
1907.  Said  Board  shall  consist  of  seven  (7)  members,  one 
(i)  of  whom  shall  be  the  State  Superintendent  of  Public  In- 
struction, who  shall  be  ex-orftcio  chairman  of  the  said  Board, 
and  two  (2)  of  whom  shall  be  practical  business  men.  Any 
resident  of  the  State  of  Idaho  who  has  had  not  less  than 
five  ( 5 )  years'  experience  as  a  teacher,  and  who,  at  the  time 
of  receiving  and  holding  the  appointment,  shall  be  actually 
engaged  in  school  work  in  the  State  of  Idaho,  shall  be  eligible 
for  appointment  to  membership  of  said  State  Board  of  Text 
Book  Commissioners  as  herein  provided.  The  term  of  office 
of  said  Board  shall  be  six  (6)  years,  and  the  State  Board  of 
Education  of  the  State  of  Idaho  is  hereby  empowered  to 
fill  any  vacancy  that  may  arise  in  said  Board.  Said  Board 


IDAHO    SCHOOL   LAWS. 

shall  have  power  to  formulate  rules  for  the  government  of 
its  own  proceedings,  and  three  (3)  members  shall  constitute 
a  quorum ;  Provided :  That  the  restrictions  relating  to  the 
eligibility  for  appointment  to  membership  do  not  include  the 
appointment  of  the  two  (2)  business  men. 

Meetings,  When  and  Where  Held. 

SECTION  24.  The  said.  Board  of  Text  Book  Commissioners 
shall  hold  its  first  meeting  at  the  State  Capitol,  in  the  Senate 
chamber,  on  or  before  the  fifteenth  day  of  April,  1907,  for 
the  purpose  of  organization  and  the  formulation  of  terms  of 
proposals  and  contracts  for  the  furnishing  of  text  books  to 
the  State  of  Idaho.  The  second  meeting  shall  be  held  at  the 
same  place  not  later  than  the  seventh  day  of  June,  1907,  for 
the  purpose  of  selecting  and  adopting  a  uniform  series  of  text 
books  for  use  in  all  the  public  schools  of  the  State,  except- 
ing as  hereinafter  provided.  Any  and  all  subsequent  meetings 
of  said  State  Board  of  Text  Book  Commissioners  shall  be 
held  at  a  time  and  place  designated  by  the  State  Superin- 
tendent of  Public  Instruction,  and  the  said  Superintendent 
of  Public  Instruction  is  hereby  authorized  to  call  any  such 
meeting ;  Provided :  That  such  subsequent  meeting  shall  be 
called  only  in  accordance  with  the  formal  written  request  of 
a  majority  of  the  members  of  the  said  State  Board  of  Text 
Book  Commissioners.  Such  formal  request  shall  set  forth 
the  purpose  for  which  such  meeting  shall  be  called. 

Advertisement  for  Bids. 

SECTION  25.  Immediately  following  the  first  meeting  of 
the  State  Board  of  Text  Book  Commissioners,  the  State 
Superintendent  of  Public  Instruction  shall,  in  accordance  with 
the  instructions  of  the  said  Board,  advertise  for  at  least  thirty 
(30)  days  in  two  (2)  newspapers  having  a  general  circula- 
tion throughout  the  State,  giving  notice  that  the  said  State 
Board  of  Text  Book  Commissioners  will  meet  as  herein  pro- 
vided, and  will  consider  said  offers  and  proposals  for  supply- 
ing the  schools  of  the  State  of  Idaho  with  a  uniform  series  of 
text  books  for  use  in  all  public  schools  of  the  State,  excepting 
as  hereinafter  provided,  in  the  following  branches,  to-wit : 

Spelling, 

Arithmetic,  United    States    History, 

Physiology  and   Hygiene,         Civil  Government, 

Reading,  Writing, 

Geography,  Grammar, 


IDAHO    SCHOOL    LAWS. 

and  in  other  branches  taught  in  common,  graded  and 
high  schools  of  the  State,  as  prescribed  in  the  State  Course 
of  Study  of  the  State  of  Idaho.  Said  proposals  shall  be  in 
accordance  with  the  form  of  proposal  supplied  by  the  State 
Board  of  Text  Book  Commissioners,  and  shall  name  the  ex- 
change price,  net  wholesale  price  f.  o.  b.  cars  at  each  publisher's 
address,  and  mailing  price  of  single  copies  to  districts  or 
individuals ;  Provided :  That  the  price  so  quoted  on  such 
books  shall  not  exceed  the  lowest  price  quoted  to  any  dealer, 
state,  county,  township,  school  district  or  any  other  individual 
or  corporation  in  the  United  States. 

Adoption  of  Text  Books;  Independent  School  Districts. 

SECTION  26.  It  shall  be  the  duty  of  said  State  Board  of 
Text  Book  Commissioners  to  meet  at  the  time  and  the  place 
mentioned,  and  to  consider  carefully  all  proposals  made  to 
them  in  regular  form  for  the  furnishing  of  the  said  text  books 
as  hereinbefore  provided,  and  said  Board  shall  select  and 
adopt  such  text  books  for  use  in  all  the  public  schools  as  will, 
in  their  judgment,  best  subserve  the  interests  and  promote 
the  progress  of  the  public  schools  of  the  State.  The  series 
of  text  books  so  selected  and  adopted  by  the  State  Board  of 
Text  Book  Commissioners  shall  be  certified  to  by  the  chair- 
man, and  said  certificate,  with  a  copy  of  all  books  named 
therein,  and  the  contracts  for  the  same,  shall  be  placed  on  file 
in  the  ofrlce  of  the  State  Superintendent  of  Public  Instruction. 
vSuch  certificate  must  contain  a  complete  list  of  all  books 
adopted  by  the  said  Board,  giving  the  price  for  which  each 
kind  and  grade  of  books  will  be  furnished,  and  the  name  and 
address  of  the  publisher  agreeing  to  furnish  the  same.  The 
said  books  named  in  said  certificate  shall,  for  a  period  of 
six  (6)  years  from  and  after  the  first  day  of  September,  1907, 
be  used  in  all  the  public  schools  in  the  State,  to  the  exclusion 
of  all  others  as  texts ;  Provided :  That  in  Independent  School 
Districts  in  the  State  of  Idaho,  if  it  shall  appear  to  the  Board 
of  Trustees  of  such  Independent  School  District  or  Districts, 
that  on  account  of  special  conditions  existing  in  connection 
with  the  adopted  course  of  study,  or  the  special  conditions  of 
the  school  work  or  school  environment,  the  adoption  of  one 
or  more  additional  text  books  differing  from  the  generally 
adopted  list  as  provided  elsewhere  in  this  Article,  shall  be 
to  the  best  interest  of  the  educational  work  of  such  Independent 
School  District,  then  said  Board  of  Trustees  of  such  Inde- 
pendent School  District  may,  by  presenting  their  claim,  or 


IDAHO    SCHOOL   LAWS. 

by  appearing  in  person  or  through  an  officially  chosen  repre- 
sentative, before  the  State  Board  of  Text  Book  Commissioners 
at  a  regularly  called  meeting,  secure  consideration  of  said 
claim  for  such  special  adoption,  and  may  submit  special  infor- 
mation as  may  enable  the  State  Board  of  Text  Book  Commis- 
sioners to  reach  a  conclusion  concerning  the  merits  of  said 
claim  for  special  adoption ;  and  the  State  Board  of  Text  Book 
Commissioners  is  hereby  authorized,  if  deemed  advisable,  to 
make  such  special  adoption  for  such  Independent  School  Dis- 
trict or  Districts ;  Provided,  further :  That  in  any  and  all  such 
cases,  the  decision  of  the  State  Board  of  Text  Book  Commis- 
sioners as  to  such  adoption  shall  be  final,  and  that  all  text 
books  adopted  in  accordance  with  such  decision  shall  be  used 
by  such  Independent  School  Districts  for  a  period  of  six 
(6)  years  from  and  after  the  first  day  of  September,  1907, 
to  the  exclusion  of  all  other  school  books  or  texts.  It  shall 
be  the  duty  of  the  Superintendent  of  Public  Instruction  to 
enforce  the  use  of  said  text  books  in  all  public  schools  of  the 
State,  and  to  withhold  twenty-five  (25)  per  cent  of  the  State 
school  funds  apportioned  to  any  school  district  neglecting 
or  refusing  to  introduce  and  use  said  books  as  hereinbefore 
provided. 

Contracts  for  Books;  Bond  of  Publishers. 

SECTION  27.  The  said  Board  of  Text  Book  Commissioners 
shall  have  power  to  make  such  contracts  and  agreements  with 
the  publishers  as  they  shall  deem  necessary  for  the  best  interests 
of  the  public  schools  of  the  State,  and  shall  require  all  pub- 
lishers, contracting  and  agreeing  to  furnish  books  adopted 
by  the  said  Commissioners,  to  furnish  a  good  and  satisfactory 
bond  in  the  amount  of  not  less  than  Twenty-five  Hundred 
Dollars  ($2500)  as  a  guarantee  of  the  faithful  performance 
of  the  conditions  of  the  said  contract. 

Publishers  to  Furnish  Lists  of  Books. 

SECTION  28.  It  shall  be  the  duty  of  book  publishers  fur- 
nishing books  to  the  State  of  Idaho  under  this  Article  to  have 
printed  and  to  keep  on  hand  at  all  times,  free  of  charge,  at 
the  office  of  the  County  Superintendent  of  Public  Instruction 
in  each  county  of  the  State  of  Idaho,  a  sufficient  number  of 
lists  of  the  text  books,  adopted  by  the  said  Board,  with  the 
price  of  each  of  the  said  books  as  certified  to  in  said  cer- 
tificate; and  each  County  Superintendent  of  Public  Instruction 
shall  immediately  forward  one  (i)  such  list  to  each  trustee 
and  to  each  teacher  in  his  or  her  county. 


IDAHO    SCHOOL   LAWS.  :3 

Publishers  to  Keep  Books  on  Hand. 

SECTION  29.  It  shall  be  the  duty  of  the  book  publishers  fur- 
nishing books  to  the  State  of  Idaho  under  this  Article,  to  keep 
the  books  they  agree  to  furnish  on  hand  at  all  times  at  their 
places  of  business,  and  at  such  places  in  the  State  of  Idaho  as 
is  hereinafter  provided. 

Requisition  for  Books. 

SECTION  30.  Not  later  than  the  first  Monday  in  August 
following  the  adoption,  and  at  such  times  thereafter  as  may 
be  necessary  to  supply  properly  the  schools  of  said  districts, 
the  chairman  of  each  of  the  Boards  of  Trustees  of  the  schools 
of  each  county  which  supply  free  text  books,  shall  forward 
to  the  County  Superintendent  of  his  county  a  list  of  the  kinds 
of  books,  and  the  number  of  each  kind,  which  shall  be  re- 
quired to  supply  the  pupils  of  the  schools  of  his  district.  Im- 
mediately upon  receipt  of  this  requisition  from  the  chairman 
of  the  Board  of  Trustees,  the  County  Superintendent  shall 
order,  from  the  nearest  depository  furnishing  said  books, 
the  books  designated  therein,  and  upon  delivery  of  said  books 
to  the  said  trustee,  the  trustee  shall  cause  to  be  issued,  in  regu- 
lar form,  payable  to  the  dealer  who  furnishes  the  books,  a  war- 
rant covering  the  value  of  said  books  as  established  by  con- 
tract existing  between  said  publishers  and  the  State  Board 
of  Text  Book  Commissioners ;  Provided :  That  if,  from  any 
cause,  the  accounts  are  not  paid  within  ninety  (90)  days,  the 
same  shall  draw  interest  at  the  rate  of  seven  (7)  per  cent 
per  annum  from  the  date  of  the  shipment  of  the  books  to  the 
date  of  the  payment. 

Same:  Account  of  Books  Ordered. 

SECTION  31.  The  clerk  of  each  school  district  which  sup- 
plies free  text  books,  and  the  County  Superintendent  of  Public 
Instruction,  shall  keep  an  account  of  all  books  ordered,  show- 
ing the  number  of  the  district,  the  number  of  kinds  of  books, 
the  date  of  the  order,  the  place  from  whence  ordered,  the  date 
and  the  amount  of  the  remittance,  and  such  others  items  as 
will,  in  their  judgment,  render  the  whole  transaction  easily 
understood. 

Custody  and  Distribution  of  Books. 

SECTION  32.  The  Clerk  of  the  Board  of  Trustees  is  hereby 
made  the  custodian  of  the  text  books  belonging  to  the  district, 
and  he  shall,  on  the  morning  of  the  opening  of  school  or 
prior  thereto,  count  out  the  number  of  the  books  belonging  to 


14  IDAHO    SCHOOL   LAWS. 

the  district,  .noting  carefully  the  condition  of  said  books,  and 
placing  the  same  in  the  hands  of  the  teacher,  taking  a  receipt 
for  the  same,  and  at  the  end  of  the  term  of  school  the  said 
Clerk  of  the  Board  of  Trustees  shall  receive  the  said  books 
from  the  teacher,  giving  his  receipt  for  them,  and  any  missing 
or  destroyed  books  shall  be  accounted  for  by  the  teacher; 
Provided :  That  the  pupil  shall  be  responsible,  through  his 
parent  or  guardian,  to  the  district,  if  the  responsibility  is  fixed 
upon  said  pupil;  and  Provided,  further:  That  no  one  shall 
be*  responsible  for  the  natural  wear  and  tear  of  the  books. 
In  the  interim  of  the  sessions  of  the  school  the  Clerk  of  the 
Board  of  Trustees  shall  safely  keep  the  books  and  use  due 
diligence  in  their  preservation. 

Reserve  Supply  of  Books. 

SECTION  33.  It  shall  be  the  duty  of  the  book  publishers 
furnishing  books  to  the  State  of  Idaho  under  this  Article  to 
keep  at  all  times  on  deposit  at  Boise,  Pocatello,  Lewiston, 
Coeur  d'Alene,  all  in  the  State  of  Idaho,  a  sufficient  number 
of  the  books  they  contract  to  furnish. 

Expenses  of  Commissioners. 

SECTION  34.  The  members  of  the  said  State  Board  of 
Text  Book  Commissioners  shall  each  receive  his  actual  and 
necessary  expenses,  including  railway  fare,  while  in  the  dis- 
charge of  his  official  duties,  including  the  time  actually  and 
necessarily  consumed  in  going  to  and  returning  from  the  meet- 
ing of  the  Board.  Such  claim  for  expenses  shall  be  accom- 
panied by  vouchers,  and  upon  being  presented  to  the  Board 
in  duplicate  with  vouchers  attached,  and  being  passed  by  the 
same,  the  vouchers  shall  be  signed  by  the  Secretary  of  the 
Board,  countersigned  by  the  chairman  and  transferred  to 
the  State  Auditor.  The  State  Auditor  shall  present  such 
vouchers  to  the  State  Board  of  Examiners,  who,  upon  finding 
the  same  to  be  correct,  shall  issue  warrants  upon  the  proper 
fund.  Said  fund  is  the  "Idaho  State  Text  Book  Commission 
Fund,"  of  One  Thousand  Dollars  ($1000),  created  and  appro- 
priated by  the  Act  of  March  14,  1907. 


IDAHO    SCHOOL  LAWS.  J5 

ARTICLE  IV. 
COUNTY  SUPERINTENDENT. 

Election,  Residence  and  Term  of  Office. 

SECTION  35.  There  shall  be  elected  in  each  county  in  the 
State  of  Idaho,  at  the  general  election,  a  Superintendent  of 
Public  Instruction,  who  shall  reside  at  the  county  seat  of 
the  county  in  which  he  is  elected,  and  who  shall  hold  his 
office  for  a  term  of  two  (2)  years,  from  and  after  his  taking 
charge  of  the  same,  and  until  his  successor  has  been  elected 
and  qualified. 

Oath,  Bond,  and  Qualifications. 

SECTION  36.  Before  entering  upon  the  duties  of  his  office, 
the  County  Superintendent  of  Public  Instruction  shall  take 
and  subscribe  the  oath  prescribed  by  law,  and  execute  a  bond, 
payable  to  the  State  of  Idaho,  with  two  (2)  or  more  sureties 
to  be  approved  by  the  Board  of  County  Commissioners,  in 
the  penal  sum  of  not  less  than  Two  Thousand  Dollars  ($2000), 
conditioned  upon  the  faithful  performance  of  his  official  duties, 
and  the  delivery  of  all  moneys  and  property  received  by  him 
as  such  superintendent  to  his  successor  in  office,  which  official 
bond,  together  with  his  official  oath,  shall  be  filed  in  the  office 
of  the  County  Recorder,  not  later  than  the  second  Monday 
in  January,  next  after  election;  Provided:  That  no  person 
shall  be  eligible  to  the  office  of  County  Superintendent  of 
Public  Instruction  unless  he  be  a  qualified  elector  in  the 
county  from  which  chosen,  of  the  age  of  twenty-five  (25) 
years,  and  a  teacher  in  actual  service  of  not  less  than  two 
(2)  years'  experience  in  Idaho,  one  of  which  must  have  been 
while  holding  a  valid  certificate  of  a  grade  not  lower  than  a 
first  grade  county  certificate;  Provided,  further.:  That  he 
shall  be  the  holder  of  a  valid  certificate  not  lower  than  a 
first  grade  county  certificate  at  the  time  of  his  election  or  ap- 
pointment. 

Duties. 

SECTION  37.  (a).  The  County  Superintendent  of  Public 
Instruction  shall  have  charge  and  supervision  of  the  public 
schools  of  his  county  with  the  exception  of  the  Class  A 
Independent  School  Districts,  and  it  shall  be  his  duty  to  visit 
the  other  public  schools  in  the  county  at  least  once  during 
each  school  year  and  remain  at  said  public  school  at  least 


16  IDAHO    SCHOOL   LAWS. 


one-half  (J^)  day;  at  such  visits  he  shall  carefully  observe 
the  methods  employed  by  the  teacher  in  giving  instruction 
in  the  several  branches  taught,  the  manner  of  discipline  and 
government,  the  classification  of  the  pupils,  and  the  general 
management  of  the  school,  and  shall  give  the  school  such 
instruction  and  encouragement  as  he  deems  for  the  best 
interests  of  all  concerned,  and  he  shall  make  such  suggestions 
to  the  teacher  in  private  as,  in  his  judgment,  will  render  the 
said  teacher  more  efficient,  and  promote  the  general  educa- 
tional interests  of  the  district. 

(b).  He  shall  perform  such  other  supervisory  duties  as 
shall  be  directed  by  the  State  Board  of  Education. 

(c).  It  shall  be  his  further  duty  to  organize  a  meeting  of 
the  teachers  of  the  schools  under  his  supervision,  for  the 
purpose  of  exchanging  ideas  of  professional  interest,  for  the 
study  of  methods,  and  for  general  culture. 

(d).  The  County  Superintendent  shall  designate  at  least 
five  (5)  days  in  the  month  when  he  may  be  found  in  his  office. 

(e).  The  County  Superintendent  shall  be  empowered  to 
employ  such  assistant  or  assistants  as  the  work  of  his  office 
may  require,  said  assistant  or  assistants  to  receive  such 
remuneration  as  may  be  fixed  by  the  Board  of  County  Com- 
missioners, which  remuneration  shall  be  paid  quarterly  in  the 
same  manner  as  the  salaries  of  county  officers  are  paid.  The 
County  Superintendent  shall  keep  his  office  open  from  nine 
(9)  o'clock  A.  M.  until  five  (5)  o'clock  P.  M.  each  week  day. 

Blanks  and  Supplies. 

SECTION  38.  The  County  Commissioners  shall  furnish 
the  County  Superintendent  of  Public  Instruction  with  an  office 
in  the  county  seat,  shall  furnish  him  with  all  necessary  office 
furniture,  including  seal,  blank  books,  stationery,  postage, 
expressage,  all  blanks  necessary  for  his  office,  and  all  blank 
books  and  blanks  necessary  for  the  use  of  the  trustees  and 
teachers  in  the  discharge  of  their  respective  official  duties 
within  his  county  ;  Provided  :  That  the  forms  used  for  all 
such  blank  books  and  records  shall  be  such  as  are  prescribed 
by  the  State  Board  of  Education. 

Buildings,  Sanitation,  and  Equipment  of  School  Property. 

SECTION  39.  He  shall  have  power  to  require  the  trustees 
in  any  district  to  conform  to  the  rules  and  regulations  pre- 
scribed by  the  State  Board  of  Education  providing  for  the 
erection,  equipment,  sanitation  and  care  of  public  school  prop- 


IDAHO    SCHOOL    LAWS.  J7 

erty ;  Provided :  That  there  is  a  sufficient  amount  of  money 
in  the  treasury  to  the  credit  of  the  district  to  put  into  effect  the 
requirements  of  this  Section. 

Records. 

SECTION  40.  He  shall  keep  a  complete  record  of  all  his 
official  acts;  preserve  all  blanks,  maps,  charts  and  apparatus 
sent  him  as  such  officer,  and  file  all.  papers,  reports  and  state- 
ments from  teachers  and  school  boards;  keep  a  register  of 
all  teachers  employed  in  his  county,  giving  name  of  teacher, 
number  of  district,  salary  per  month,  grade  of  certificate,  and 
date  of  superintendent's  visit.  He  shall  obey  the  legal  instruc- 
tion of  the  State  Board  of  Education. 

Conduct  of  Teachers'  Examinations;  Permits. 

SECTION  41.  He  shall  hold  four  (4)  regular  examinations 
in  each  year  as  provided  in  Section  89,  Article  10  of  this  Act 
for  the  purpose  of  examining  all  persons  who  may  offer  them- 
selves as  teachers  in  the  public  schools.  It  shall  be  the  duty 
of  the  County  Superintendent  to  give  at  least  fifteen  (15) 
days'  notice  before  all  regular  public  examinations  in  some 
newspaper  published  in  the  county.  He  shall  have  authority 
to  issue  permits  in  accordance  with  the  provisions  of  this  Act. 

Expense  of  Conducting  Examinations. 

SECTION  42.  The  County  Superintendents  shall  be  allowed 
all  necessary  expenses  incurred  in  holding  examinations  for 
teachers  and  eighth  grade  pupils,  for  blanks,  books,  stationery, 
pens,  ink,  and  for  assistance  in  grading  eighth  grade  examina- 
tion papers,  such  assistants  not  to  exceed  two  (2)  in  number, 
who  shall  receive  as  compensation  Four  Dollars  ($4.00)  per 
day,  such  expense  to  be  paid  out  of  the  current  expense  fund 
of  the  county. 

Annual  Report;  Ascertainment  of  District  Boundaries. 

SECTION  43.  (a).  He  shall,  on  or  before  the  first  day  of 
October  in  each  year,  make  and  transmit  an  annual  report 
to  the  State  Superintendent  for  the  fiscal  year  ending  June 
30,  next  preceding,  which  report  shall  contain  an  abstract 
of  all  reports  made  to  him  by  the  district  clerks  of  the  several 
districts  of  the  county,  together  with  such  statistics,  items 
and  statements,  relative  to  the  schools  of  the  county,  as  may 
be  required  and  prescribed  by  the  State  Superintendent.  Such 
reports  shall  be  made  upon  and  conform  to  the  blanks  fur- 
nished by  the  State  Board  of  Education  for  that  purpose. 


l£  IDAHO    SCHOOL   LAWS. 

(b).  He  shall  require  and  ascertain  whether  the  boundaries 
of  the  school  districts  in  his  county  are  definitely  and  plainly 
described  in  the  records  of  the  Clerk  of  the  Board  of  County 
Commissioners,  and  keep  in  hjis  office  a  full  and  correct 
transcript  of  such  boundaries.  In  case  the  boundaries  of  dis- 
tricts are  conflicting  or  incorrectly  described,  he  shall  report 
such  fact  to  the  Board  of  County  Commissioners  at  their 
regular  meeting  in  July,  and  such  Board  shall  immediately 
take  such  steps  as  are  necessary  to  change,  harmonize,  and 
clearly  define  them.  The  County  Superintendent,  if  he  deem 
it  necessary  for  the  guidance  of  school  census  marshals,  may 
order  the  description  of  the  district  boundaries  printed  in 
pamphlet  form,  to  be  paid  out  of  current  expense  fund  of 
the  county. 

Appointment  of  Trustees  for  New  District. 

SECTION  44.  The  County  Superintendent  shall  appoint 
trustees  for  all  newly  organized  school  districts,  who  shall 
serve  until  the  next  regular  election,  and  shall  fill  all  vacancies 
that  may  occur  in  the  Board  of  Trustees  of  a  district  by 
reason  of  death,  resignation  or  otherwise,  and  such  appoint- 
ment shall  hold  until  the  next  regular  election. 

Failure  to  Report  to  State  Superintendent;  Penalty. 

SECTION  45.  If  the  County  Superintendent  fails  to  make 
a  full  and  correct  report  to  the  State  Superintendent  of  Public 
Instruction  of  all  statements  required  by  law  to  be  made,  he 
forfeits  the  sum  of  One  Hundred  Dollars  ($100)  from  any 
moneys  due  him  from  the  county,  and  the  Board  of  County 
Commissioners  is  hereby  authorized  and  required  to  deduct 
therefrom  the  sum  aforesaid  upon  information  from  the 
State  Superintendent  of  Public  Instruction,  that  such  reports 
have  not  been  made. 


ARTICLE  V. 

SCHOOL  DISTRICTS. 

(For  Independent  School  Districts,  See  Article  XIII.) 

SECTION  46.     Each  regularly  organized  school  district  in 
this  State  is  hereby  declared  to  be  a  body  corporate  by  the 

name  and  style  of  "School  District  Number ,   in 

the  County  of State  of  Idaho;'*  and  in  that 

name  the  trustees  may  sue  and  be  sued,  hold  and  convey  prop- 


IDAHO    SCHOOL   LAWS.  J9 

erty  for  the  use  and  benefit  of  such  district,  and  make  con- 
tracts the  same  as  municipal  corporations  in  this  State. 

New  Districts  and  Changes  in  Boundaries. 

SECTION  47.  (a).  The  Board  of  County  Commissioners 
may,  at  any  regular  meeting-  of  said  Board,  create  new  districts, 
or  change  the  boundaries  of  existing  districts,  or  attach  to 
one  or  more  districts,  the  territory  of  any  district  which  shall 
have  lapsed  for  any  reason.  All  proceedings  under  this 
Section  shall  be  commenced  by  petition  which  must  be  filed 
in  the  office  of  the  County  Superintendent  at  least  twenty 
(20)  days  preceding  the  meeting  of  the  Board  of  Commis- 
sioners, at  which  it  is  to  be  presented.  All  petitions,  either 
for  the  formation  of  a  new  district  or  any  other  change  of 
boundaries,  shall  set  forth  in  general  terms  the  proposed 
changes  and  shall  be  accompanied  by,  and  refer  to,  a  map 
showing  all  existing  boundaries  of  districts  affected  and  all 
proposed  new  boundaries  which  will  be  established  by  the 
granting  of  such  petition. 

(b).  A  petition  for  a  new  district  shall  be  sufficient  if 
signed  by  the  parents  or  guardians  of  ten  (10)  or  more  chil- 
dren of  school  age  who  are  residents  of  the  proposed  new 
district,  and  no  further  signers  shall  be  required.  In  all  other 
cases — excepting  a  proposed  union  of  contiguous  districts — 
proposing  a  change  of  boundaries  of  any  district,  the  petition 
therefor  must  be  signed  by  at  least  two-thirds  (2/3)  of  those 
who  are  heads  of  families  and  residents  of  each  of  the  districts 
whose  boundaries  will  be  affected  by  the  change.  No  such 
change  of  boundaries  or  organization  of  a  new  district  shall 
take  effect  until  the  opening  of  the  next  school  year. 

(c).  Two  or  more  districts  lying  contiguous  may,  upon 
petition  of  a  majority  of  the  heads  of  families  residing  in 
each  of  said  districts,  be  united  to  constitute  one  (i)  district. 
No  district  containing  less  than  nine  (9)  square  miles  shall 
be  divided  either  for  the  purpose  of  forming  a  new  district 
or  any  other  change  of  boundaries,  except  on  approval  of 
the  County  Superintendent  of  schools,  and  a  unanimous  vote 
of  the  Board  of  County  Commissioners.  No  district  shall 
be  divided  and  territory  taken  therefrom  either  for  the  for- 
mation of  a  new  district  or  for  any  other  purpose  if  the  re- 
mainder of  the  district  will  contain  less  than  fifteen  (15) 
persons  of  school  age.  No  incorporated  cities  or  towns  shall 
hereafter  be  divided  into  two  (2)  or  more  districts. 


20  IDAHO    SCHOOL   LAWS. 

(d).  Whenever  it  shall  appear  that  a  pupil  living  in  one 
district  cannot  attend  school  in  his  or  her  own  district  because 
of  the  distance  of  the  school  house,  or  for  any  other  valid 
reason,  such  pupil  may  attend  the  school  in  any  district  in 
the  county  in  which  his  or  her  own  district  is  situated,  upon 
making  the  proper  application  to  the  County  Superintendent, 
which  official  shall  be  the  judge  of  the  necessity  for  making 
such  change,  and  the  district  shall  receive  for  such  pupil's 
tuition  from  such  pupil's  district  such  an  amount  as  said  pupil 
would  be  accredited  with  in  his  or  her  own  district. 

Notice  of  Proposed  Changes. 

SECTION  48.  It  shall  be  the  duty  of  the  County  Superin- 
tendent, upon  receipt  of  any  petition  as  herein  provided  for, 
to  give  notice  immediately  to  all  parties  interested,  by  sending 
notice  by  registered  mail  to  each  of  the  trustees  of  the  dis- 
trict to  be  affected  by  such  change  or  changes ;  and  by  causing 
printed  notices  to  be  posted  in  at  least  three  (3)  public  places 
in  the  district  so  affected,  one  of  which  shall  be  on  the  door 
of  the  school  house  in  said  district,  for  at  least  one  ( i )  week. 
Such  notice  must  state  the  change  or  changes  to  be  made  in 
said  district,  that  the  said  petition  is  on  file  in  the  office  of 
the  County  Superintendent,  and  that  the  same  will  be  pre- 
sented to  the  Board  of  County  Commissioners  at  its  next 
regular  meeting  for  final  action.  The  Superintendent  must 
transmit  the  said  petition  to  the  said  Board  with  his  approval 
or  disapproval,  and,  if  he  approve  the  same,  he  may  note 
such  changes  in  the  boundaries  as  in  his  judgment  shall  be 
for  the  best  interests  of  all  parties  concerned. 

Action  on  Petition. 

SECTION  49.  The  Board  of  County  Commissioners  shall 
act  upon  the  same  at  its  next  regular  meeting.  If  such  petition 
be  granted  it  may  be  in  accordance  with  the  original  prayer 
or  with  such  modifications  as  the  Board  may  choose  to  make. 

Joint  Districts;  How  Formed. 

SECTION  50.  A  Joint  School  District  may  be  formed  from 
territory  belonging  to  two  (2)  or  more  contiguous  counties. 
For  the  purpose  of  organizing  a  joint  district  the  same  pre- 
liminary steps  must  be  taken,  and  the  same  course  pursued 
in  the  organization  of  other  districts  as  provided  in  Sections 
47  and  48  of  this  Act.  Such  districts  shall  be  designated  as 

"Joint  District  No of  the  Counties  of ," 

and  be  so  numbered  that  it  shall  have  the  same  number  in 
all  the  counties  from  which  it  was  formed.     The  petition  re- 


IDAHO    SCHOOL   LAWS. 

quired  by  Section  47  shall  be  made  to  each  County  Superin- 
tendent interested;  Provided:  That  the  school  census,  the 
record  of  attendance  at  school,  the  assessing  of  property,  the 
collection  of  taxes,  and  all  acts  which,  from  their  nature,  shall 
be  separately  kept,  shall  be  kept  and  done,  and  the  report 
thereof  made  as  if  each  portion  of  said  district  were  an  entire 
district  in  the  respective  counties.  The  teacher  of  such  joint 
district  shall  not  be  required  to  hold  a  certificate  in  both 
counties. 

Apportionment  for  New  Districts. 

SECTION  51.  All  new  districts  formed  of  unorganized  terri- 
tory shall  be  entitled  to  their  just  proportion  of  school  moneys 
at  the  next  apportionment,  and  the  County  Superintendent 
shall  place  the  same  to  the  credit  of  such  district ;  Provided : 
That  in  no  case  shall  such  district  be  entitled  to  use  the  same 
unless  school  has  commenced  therein,  and  six  (6)  months 
shall  not  have  elapsed  since  the  date  of  its  organization;  Pro- 
vided, further :  If  any  new  district  is  organized  from  any  part 
of  any  other  organized  district  or  districts,  as  provided  in  this 
Chapter,  the  County  Superintendent,  after  having  ascertained 
the  amount  of  moneys  belonging  to  said  old  district  or  districts 
and  deducting  said  indebtedness  and  liabilities,  must  apportion 
to  said  new  district,  exclusive  of  bonded  indebtedness,  its 
clue  per  capita  proportion  of  money  or  indebtedness,  as  the 
case  may  be,  from  said  districts  from  which  it  may  be  formed. 
And,  in  case  of  joint  districts,  the  County  Superintendent 
must  apportion  to  such  district  such  proportion  of  the  school 
money  to  which  such  district  is  entitled  as  the  number  of 
school  children  residing  in  that  portion  of  the  district  situated 
in  his  county  bears  to  the  whole  number  of  school  census 
children  in  the  whole  district. 

Lapsed  Districts. 

SECTION  52.  If  any  school  district  shall,  for  the  period 
of  one  ( i )  year,  fail  to  maintain  a  school  for  at  least  four 
(4)  school  months,  or  keep  up  its  organization  of  officers, 
as  is  required  by  law,  or  if  there  has  been  an  average  attend- 
ance for  three  (3)  consecutive  months  of  only  five  (5)  pupils 
or  less,  such  district  shall  lapse,  and  the  money  in  the  treasury 
of  the  county  belonging  thereto  shall  be  apportioned  by  the 
County  Superintendent  among  the  other  districts  in  the  same 
manner  as  other  moneys  are  opportioned.  The  property  of 
any  school  district  that  shall  lapse  shall  be  sold  by  the  County 
Superintendent  in  such  manner  as  he  shall  deem  best.  The 


22  IDAHO    SCPIOOL   LAWS. 

proceeds  of  such  sale,  after  the  payment  of  any  indebtedness 
of  said  district,  shall  be  placed  to  the  credit  of  the  general 
school  fund.  The  territory  included  within  the  boundaries  of 
the  said  school  district  shall,  by  order  of  the  County  Commis- 
sioners, be  attached  to  one  ( i )  or  more  school  districts.  The 
Board  of  Trustees  shall  have  power,  when  the  annual  meeting 
shall  neglect  or  refuse  to  levy  a  special  tax  to  maintain  the 
schools,  to  levy  a  special  tax  upon  all  the  property  in  the 
district,  which  when  added  to  moneys  apportioned  by  the 
County  Superintendent  of  Schools,  will  be  sufficient  to  pro- 
vide funds  for  the  maintenance  of  the  school  as  provided  in 
Section  54  of  this  Act.  The  taxes  so  levied  are  and  shall  be 
a  lien  upon  the  property  taxed,  the  same  as  other  taxes,  and 
shall  be  collected  in  the  same  manner. 


ARTICLE  VI. 
DISTRICT  TRUSTEES. 

Constitution  of  Board  of  Trustees. 

SECTION  53.  The  Board  of  Trustees  of  each  school  district 
consists  of  three  (3)  members,  one  (i)  of  whom  shall  be 
elected  at  each  regular  school  election  for  the  term  of  three 
years,  so  that  but  one  (i)  trustee  shall  retire  in  any  year. 
Each  trustee  shall,  before  entering  upon  the  duties  of  his 
office,  take  and  subscribe  the  official  oath,  which  must  be 
filed  in  the  office  of  the  County  Superintendent.  Immediately 
after  their  election  and  qualification,  they  must  elect  from 
their  number  a  chairman  and  a  clerk. 

Annual  School  Meeting. 

SECTION  54.  (a).  The  annual  school  meeting  for  the  trans- 
action of  the  school  district  business  in  districts  other  than 
Independent  School  Districts  shall  be  held  on  the  third  Mon- 
day in  April.  The  Clerk  of  the  Board  of  Trustees  shall  cause 
notices  to  be  posted,  using  blanks  provided  by  the  County 
Superintendent  for  that  purpose,  specifying  the  time  and  place 
of  such  meeting  and  what  business  shall  be  transacted  at  said 
meeting.  Said  notice  shall  be  published  for  two  (2)  issues  in 
a  newspaper  published  nearest  the  place  of  holding  said  elec- 
tion, and  posted  in  three  (3)  public  places  in  the  district,  one 
(i)  of  which  shall  be  the  school  house,  if  there  be  one,  at 
least  (10)  days  previous  to  the  time  of  the  meeting.  If  the 
Clerk  fails  to  give  such  notice,  then  any  two  (2)  legal  voters 


IDAHO    SCHOOL   LAWS.  23 

residing  in  the  district  may  give  such  notice  over  their  own 
names,  and  such  annual  meeting  may  be  held  after  the  day 
fixed  in  this  Section  for  such  annual  meeting. 

(b).  All  elections  of  trustees  shall  be  by  ballot;  the  polls 
shall  be  opened  by  one  cf  the  Board  of  Trustees,  or  by  any 
qualified  elector  if  no  trustee  be  present,  at  the  time  specified 
in  the  notice.  If  no  time  is  specified  in  the  notice,  then  the 
polls  shall  be  opened  at  one  (i  o'clock)  P.  M.  and  closed 
at  five  (5)  o'clock  P.  M.  of  the  same  day.  Said  election 
shall  be  conducted  as.  any  other  county  election,  except  that 
one  (i)  judge  and  one  (i)  clerk  may  constitute  the  Board 
of  Election,  and  any  trustee  or  qualified  elector  may  administer 
the  oath  to  said  judge  and  clerk.  At  all  elections  under  this 
Article,  voters  must  have  the  same  qualifications  as  pre- 
scribed for  the  general  elections  in  this  State.  Said  judge 
and  clerk  shall  make  immediate  return  of  such  election  to  the 
County  Superintendent,  which  the  County  Superintendent 
shall  file  in  his  office. 

(c).  Said  annual  meeting  shall  determine  if  a  special  tax 
shall  be  leved,  and  the  rate  of  the  levy,  which  shall  not  exceed 
fifteen  (15)  mills  on  each  dollar  of  taxable  property.  Said 
special  tax  shall  be  for  building  or  repairing  school  property, 
for  school  equipment,  or  for  the  support  of  the  schools.  Hav- 
ing determined  the  rate  to  be  levied,  the  meeting  shall  proceed 
to  ballot,  on  which  ballot  shall  be  written  or  printed,  "Tax, 
Yes,"  "Tax,  No,"  and  none  but  actual  resident  freeholders 
or  heads  of  families  of  said  district  shall  vote  at  the  election  to 
determine  the  special  tax.  A  separate  ballot  box  shall  be  used 
for  voting  on  any  question  of  taxation  or  other  business  con- 
cerning schools  and  school  interests  from  that  used  in  voting 
for  trustees.  If  a  majority  of  the  votes  polled  at  such  election 
are  in  favor  of  the  tax,  the  Board  of  Trustees  shall  imme- 
diately make  such  levy  and  certify  the  fact,  the  date  thereof, 
and  the  rate  of  tax  levied,  the  year  for  which  levied,  and  the 
number  of  the  district,  to  the  Clerk  of  the  Board  of  County 
Commissioners  and  the  County  Assessor,  but  not  more  than 
one  such  special  tax  can  be  levied  in  any  one  ( I )  year. 

(d)  Said  annual  meeting  shall  determine  the  length  of  time 
a  school  shall  be  taught  in  the  district  for  the  ensuing  year, 
which  shall  not  be  less  than  four  (4)  months,  by  a  legally 
qualified  teacher  in  a  district  having  less  than  twenty  (20) 
pupils  of  school  age,  nor  less  than  six  (6)  months  in  districts 
having  between  twenty  (20)  and  seventy-five  (75)  pupils, 
inclusive,  nor  less  than  nine  (9)  months  in  districts  having 


24  IDAHO    SCHOOL    LAWS. 

more  than  seventy-five  (75)  pupils.  They  may  also  determine 
and  instruct  the  district  trustees  as  to  the  length  of  the  different 
terms  of  school,  and  the  seasons  of  the  year  in  which  the  same 
shall  be  taught;  and  the  district  officers  shall  see  that  school 
is  actually  taught  therein  by  a  licensed  teacher  in  conformity 
to  such  instructions  and  for  not  less  than  the  length  of  time 
herein  required.  No  school  shall  receive  any  of  the  State 
funds  unless  school  shall  have  been  actually  taught  therein 
for  the  time  required  by  the  Act;  Provided:  That,  in  case  of 
quarantine  or  loss  of  school  house,  such  closing  of  school  shall 
not  prevent  district  from  drawing  its  proper  share  of  the  State 
apportionment. 

(e).  Said  annual  meeting  shall  transact  all  business  re- 
quired by  the  notice  of  the  meeting,  and  it  shall  be  lawful  to 
transact  any  other  business  pertaining  to  schools  and  school 
interests. 

Trustees  Shall  Qualify. 

SECTION  55.  Trustees  shall  qualify  within  fifteen  (15) 
days  after  receiving  notice  of  their  election  by  taking  the  official 
oath,  which  oath  may  be  administered  by  either  of  the  other 
trtistees  or  a  retiring  trustee,  and  such  oath  shall  be  subscribed 
and  filed  in  the  office  of  the  County  Superintendent. 

Assessment  and  Collection  of  Tax. 

SECTION  56.  Upon  receiving  the  statement  from  the  trustees 
of  any  school  district  showing  special  tax  levied,  the  assessor 
•must  assess  upon  all  property  in  the  district  subject  to  taxation 
the  tax  so  levied  and  certified  to  him  as  aforesaid ;  but  for  that 
purpose  he  is  not  required  to  take  new  statements  from  the 
owners  of  property,  but  his  assessment  of  all  special  taxes  so 
levied  may  be  computed  and  made  upon  the  valuation  of 
property  as  fixed  by  the  Board  of  Equalization  for  State  and 
county  purposes,  and  as  appears  upon  the  assessment  roll  in 
the  same  year;  said  special  taxes  so  levied  as  aforesaid  shall 
become  a  lien  upon  the  property  so  assessed  from  the  date  of 
assessment,  and  shall  be  due  and  payable  at  the  same  time  as 
State  and  county  taxes,  and  in  all  respects  are  to  be  collected 
in  the  same  way,  except  that  the  assessor  must  keep  a  sep- 
arate list  or  assessment  roll  thereof,  and,  when  paid,  must  be 
named  in  his  receipt  to  the  taxpayer  as  a  separate  item,  and  he 
must  pay  them  to  the  County  Treasurer  as  he  pays  other  taxes ; 
but,  at  the  time  of  payment,  he  must  specify  to  the  Treasurer 
what  taxes  they  are,  and  take  a  separate  receipt  therefor  and 
keep  separate  accounts  thereof.  The  Board  of  County  Commis- 
sioners shall  furnish  the  assessor  with  such  blanks  as  are 


IDAHO    SCHOOL   LAWS. 

needed  to  comply  with  the  provisions  hereof.  The  provisions 
of  this  and  the  preceding  sections  for  the  levy  and  collection 
of  taxes  shall  not  apply  to  Independent  Districts  so  established, 
which  have  special  laws  for  the  collection  of  school  taxes. 

Regular  Meetings  of  the  Board. 

SECTION  57.  The  regular  meetings  of  the  Board  of  Trustees 
shall  be  held  on  the  last  Monday  of  March,  June,  September 
and  December.  The  Board  may,  however,  hold  other  special 
or  adjourned  meetings,  as  they  may  from  time  to  time  de- 
termine. Any  two  of  such  trustees  shall  constitute  a  quorum 
for  the  transaction  of  business. 

General  Duties  of  Trustees. 

SECTION  58.  It  shall  be  the  duty  of  the  trustees  of  each 
district:  (a).  To  employ  teachers  on  written  contract,  but 
before  such  contract  can  be  legally  signed  it  shall  be  the  duty 
of  the  teacher  to  exhibit  his  or  her  certificate  or  permit  to 
teach  to  the  Board  of  Trustees,  and  it  shall  be  the  duty  of 
the  trustees  to  file  a  copy  of  such  contract  or  permit  with  the 
County  Superintendent. 

(b).  To  fix,  allow  and  order  paid  the  salaries  and  com- 
pensation of  such  teachers. 

(c).     To  fix  the  compensation  of  the  Clerk  of  the  Board. 

(d).  And  to  determine  the  rate  of  tuition  of  non-resident 
pupils;  Provided:  That  any  pupil  or  pupils  of  the  eighth 
grade  who  are  of  high  school  qualifications  of  any  district, 
shall  be  eligible  to  attend  any  high  school  writhin  his  county 
without  paying  tuition,  but  the  County  Superintendent  shall 
transfer  from  the  district  to  which  said  pupil  or  pupils  belong 
to  the  district  holding  the  high  school  attended,  a  sum  of 
money  bearing  the  same  proportion  to  the  amount  of  money 
received  by  the  district  during  the  year,  as  said  pupil  or  pupils 
bear  to  the  total  school  census  of  the  district  in  which  such 
pupil  or  pupils  belong. 

(e).  The  trustees  shall  have  power  to  discharge  any  teacher 
for  neglect  of  duty,  or  for  any  cause  that,  in  their  opinion, 
renders  the  services  of  such  teacher  unprofitable  to  the  district ; 
but  no  teacher  shall  be  discharged  before  the  end  of  his  or 
her  term  without  a  reasonable  hearing. 

(f).  The  trustees  shall  not  contract  to  compel  teachers  to 
make  up  time  while  attending  any  annual  county  or  joint  in- 
stitute, or  while  attending  a  meeting  of  the  State  Teachers' 
Association. 


26  IDAHO    SCHOOL    LAWS. 

(g).  The  trustees  shall  have  charge  of  all  school  property 
in  their  district  and  shall  have  power  to  receive  in  trust  all 
real  estate  or  other  property  conveyed  to  said  school  district; 
and  to  convey  by  deed,  duly  executed  and  delivered,  all  the 
estate  or  interest  of  their  district  in  any  school  house  or  site 
directed  to  be  sold  by  vote  of  their  district.  All  conveyances 
made  to  said  Board  must  be  made  in  their  corporate  name, 

to-wit:  "To  Trustees  of  School  District  No 

County ,  State  of  Idaho."  Said  trustees 

have  further  power,  when  directed  by  a  vote  of  their  district, 
to  build  or  remove  school  houses,  to  purchase,  receive,  hold 
and  convey  real  and  personal  property  for  school  purposes, 
and  to  hold,  purchase  and  repair  school  houses  and  to  supply 
the  same  with  necessary  furniture  and  to  fix  the  location  of 
school  houses  subject  to  the  rules  and  regulations  of  the  State 
Board  of  Education ;  Provided :  That  all  such  repairs  and 
construction  work  shall  be  submitted  to  competitive  sealed 
bids  when  such  work  required  shall  exceed  the  sum  of  One 
Hundred  Dollars  ($100)  ;  Provided,  further:  That  a  school 
house  already  built  shall  not  be  removed,  nor  a  new  site  for 
a  school  house  be  designated,  except  when  directed  by  a  two- 
thirds  (2/3)  vote  of  the  electors  of  said  district  voting  at  an 
election  held  for  that  purpose,  which  election  may  be  a  special 
or  a  general  school  election ;  Provided :  That  no  trustees  shall 
be  pecuniarily  interested  directly  or  indirectely  in  any  contract 
made  by  the  Board  of  Trustees,  of  which  he  is  a  member,  and 
any  contract  made  in  violation  of  this  section  is  null  and  void. 

(h).  The  trustees  of  the  respective  districts  must  furnish 
all  things,  not  herein  provided  for,  necessary  for  the  comfort 
and  the  use  of  their  district,  such  as  janitor  service,  fuel,  im- 
provements, maps,  and  apparatus,  library;  and  for  all  such 
purposes  may  audit  and  allow  accounts  against  the  school 
fund  of  their  district,  not  to  exceed  twenty-five  (25)  per  cent 
of  the  amount  of  such  school  fund  in  any  one  (i)  year. 

(i).  At  least  three  (3)  per  cent  of  the  moneys  annually 
appropriated  to  any  district  other  than  an  Independent  Dis- 
trict shall  be  applied  by  the  trustees  for  the  maintenance 
of  a  school  library,  selections  of  books  for  which  shall  be 
made  from  a  list  of  books  furnished  to  each  district  and  com- 
piled by  the  State  Board  of  Education.  The  Board  of  Trus- 
tees shall  keep  the  library  in  a  suitable  case  at  the  school 
house;  shall  keep  a  list  of  all  books  in  the  library;  loan  the 
books  to  pupils  and  patrons  within  the  district  for  a  period 
no*:  to  exceed  four  (4)  weeks  at  any  one  time;  hold  patrons, 


IDAHO    SCHOOL   LAWS. 

parents  or  guardians  to  strict  accountability  for  books  loaned, 
requiring  them  to  replace  the  same  in  the  event  of  loss,  or 
damage;  report  to  the  County  Superintendent  the  number  of 
books  purchased  during  the  year,  the  number  of  books  lost 
and  other  information  required  by  the  County  Superintendent, 
and  for  the  further  good  of  the  library  shall  make  all  needed 
rules  and  regulations. 

(j).  It  shall  be  the  duty  of  the  Clerk  of  the  Board  of 
Trustees  of  each  district  to  keep  a  record  of  the  transactions 
of  his  district  in  a  book  furnished  by  the  County  Superinten- 
dent, the  form  of  which  shall  be  prescribed  by  the  State  Board 
of  Education ;  said  record,  so  kept,  shall  show  all  the  data  and 
the  information  required  in  said  books  to  be  shown  by  the 
forms  thereof  and  shall  be  open  to  the  inspection  of  the  County 
Superintendent  when  visiting  the  district;  and  the  trustees  of 
each  district  shall  make  a  full  report  in  writing  annually,  on 
the  first  day  of  July,  to  the  County  Superintendent  of  their 
county,  on  blanks  furnished,  which  shall  be  exact  copies  of 
the  pages  of  the  book  herein  required  to  t>€  kept,  together  with 
such  matters  pertaining-  to  schools  as  may  be  required  of  them 
by  the  State  Superintendent. 

It  is  the  duty  of  the  trustees  of  the  respective  districts,  on 
receiving  a  report  from  any  teacher  of  the  disorderly  conduct 
of  any  pupil,  to  decide  how  said  insubordinate  pupil  shall  be 
punished,  or  whether  he  or  she  shall  be  dismissed  from  school, 
and  the  teacher  must  enforce  the  decision  so  made. 

(k).  The  Clerk  of  the  Board  of  Trustees  shall,  on  the  first 
Tuesday  of  September  of  each  year,  proceed  to  enumerate 
the  children  of  school  age  in  his  district,  employing  assistant 
enumerators  if  necessary,  and  he  shall  not  enumerate  any 
except  bona  fide  residents  thereof,  and  the  Board  of  Trustees 
shall  cause  a  true  and  certified  copy  of  said  census  to  be  trans- 
mitted to  the  County  Superintendent.  School  age,  as  herein 
used,  is  defined  as  applying  to  all  persons  between  the  ages 
of  six  (6)  and  twenty-one  (21)  years,  said  census  to  be  com- 
pleted and  filed  by  the  third  Tuesday  in  September.  For  said 
services,  said  clerk  shall  be  allowed,  as  full  compensation 
therefor,  Five  Cents  (50)  for  each  child  so  enumerated,  and 
the  chairman  of  the  Board  of  Trustees  shall  draw  his  order 
upon  the  county  auditor,  which  must  be  countersigned  by  at 
least  one  other  member  of  the  Board  of  said  district,  for  the 
amount  so  allowed,  and  it  must  be  charged  against  and  paid 
out  of  the  fund  of  said  district. 


28  IDAHO     SCHOOL    LAWS. 

Shall  Provide  Flag. 

SECTION  59.  It  shall  be  the  duty  of  the  trustees  of  every 
school  district  in  the  State  of  Idaho  to  cause  to  be  erected, 
and  to  keep  in  repair,  upon  all  public  school  houses,  or  within 
the  school  house  grounds  surrounding  such  public  school  build- 
ing, a  good  and  sufficient  flag  staff  or  pole,  together  with  all 
necessary  adjustments,  and  they  shall  provide  a  United  States 
flag  or  not  less  than  four  (4)  by  eight  (8)  feet  in  size,  which 
shall  be  floated  from  such  flag  staff  or  pole  during  the  school 
hours  of  such  days  as  the  trustees  and  teacher  may  determine ; 
Provided :  That  the  flag  shall  not  be  hoisted  on  any  school 
building  during  any  day  when  a  violent  storm  or  inclement 
weather  would  destroy  or  materially  injure  such  flag.  The 
flag  used  by  any  and  all  such  school  districts,  as  provided  for 
in  this  Section,  shall  be  paid  for  out  of  the  current  expense 
fund  of  said  district.  The  flags  for  use  of  public  school 
buildings  are  hereby  declared  to  be  necessary  supplies  and 
are  to  be  paid  for  from  the  aforesaid  fund.  Any  person  or 
persons  who  shall  wilfully  injure,  deface,  or  destroy  any  flag, 
flag  staff,  or  pole,  or  adjustment  attached  thereto,  erected  and 
arranged  for  the  purpose  of  carrying  out  the  requirements  of 
this  Section,  shall  be  guilty  of  a  misdemeanor  and  upon  con- 
viction, shall  be  fined  not  less  than  Five  Dollars  ($5.00),  nor 
more  than  Fifteen  Dollars  ($15). 

Attendance  of  Non-Resident  Pupils. 

SECTION  60.  Trustees  may  determine  whether  pupils  out- 
side of  their  counties  may  attend  school  within  their  districts 
and  upon  what  terms. 

Report  of  Trustees. 

SECTION  61.  It  is  the  duty  of  the  Board  of  School  Trustees 
to  make  a  report  in  writing,  on  the  first  day  of  July,  of  the 
financial  condition  of  their  respective  school  districts,  showing 
the  amount  of  money  received,  from  what  source,  the  amount 
expended,  and  in  what  manner  and  for  what  purpose  expended, 
and  the  amount  of  money  in  the  treasury  of  the  district  or  to 
the  credit  of  the  district  on  hand  at  the  date  of  the  report,  the 
said  report  to  show  in  full  the  financial  condition  of  the  district 
at  the  date  thereof;  Provided:  That  the  report  of  any  ex- 
penditure shall  contain  the  specific  items,  amounts,  and  names 
to  whom  such  expenditures  were  made.  It  is  hereby  made  the 
fluty  of  the  Board  of  School  Trustees  of  each  district  to  cause 
the  said  report  to  be  published  in  a  newspaper  published  near- 
est the  school  house  of  said  district  and  posted  in  three  (3) 


IDAHO    SCHOOL   LAWS.  29 

conspicuous  places  in  the  district,  and  to  retain  a  copy  of  the 
said  report  in  the  office  of  the  Clerk  of  the  School  Board  of  said 
district,  where  the  same  may  be  at  all  times  open  to  exam- 
ination and  inspection  by  any  person. 

Trustees'  Meetings. 

SECTION  62.  That  the  Board  of  Trustees  of  every  com- 
mon school  district  and  the  Board  of  Education  of  every  In- 
dependent School  District  are  authorized  to  select  one  (i)  of 
their  members  to  attend  any  meeting  called  by  the  County  Su- 
perintendent for  the  purpose  of  general  instruction,  and  are 
authorized  to  defray  the  expenses  of  such  member,  in  an 
amount  not  to  exceed  the  sum  of  Three  Dollars  ($3.00)  per 
diem  and  Three  Cents  (3c)  per  mile  going  to  and  from  such 
meeting,  such  expense  to  be  paid  for  from  the  general  fund  of 
the  district ;  Provided  :  That  such  allowance  shall  not  be  for 
more  than  two  ( 2  )  days  in  any  one  ( I )  year. 


ARTICLE  VII. 
SCHOOL  FUNDS  AND  FINANCES. 

Public  School  Fund. 

SECTION  63.  The  public  school  fund  of  the  State  shall 
consist  of  the  proceeds  of  such  lands  as  have  hitherto  been 
granted,  or  may  hereafter  be  granted,  to  the  State  by  the  gen- 
eral government  known  as  "school  lands"  and  those  granted  in 
lieu  of  such  lands  acquired  by  gift  or  grant  from  any  person 
or  corporation  under  any  law  or  grant,  and  of  all  other  grants 
of  land  or  money  made  to  the  State  for  general  educational 
purposes,  and  all  moneys  accruing  to  the  State  from  the  estates 
of  deceased  persons. 

Additional  School  Lands. 

SECTION  64.  All  lands,  title  to  which  is  acquired  by  the 
State  by  foreclosure  or  otherwise,  on  loans  of  school  funds  and 
all  lands  which  escheat  to  the  State  by  virtue  of  Section  5717 
of  the  Idaho  Codes  of  1909  or  otherwise,  shall  be  held  and 
treated  as  school  lands,  and  may  be  sold  and  disposed  of  in 
the  same  manner.  Said  lands  shall  be  under  the  charge  and 
control  of  the  State  Land  Board. 

County  School  Taxes. 

SECTION  65.  For  the  purpose  of  establishing  and  main- 
taining public  schools  in  the  several  counties  of  the  State,  the 


30  IDAHO    SCHOOL   LAWS. 

Beard  of  County  Commissioners  of  each  county  shall,  at  the 
time  of  levying  the  taxes  for  state  and  county  purposes,  levy  a 
tax  of  not  less  than  five  (5)  mills  nor  more  than  ten  (10) 
mills  on  each  dollar  of  taxable  property,  in  their  respective 
counties,  for  school  purposes.  Said  taxes  must  be  assessed 
and  collected  in  each  county  as  other  taxes  for  state  and  county 
purposes.  For  the  further  support  of  the  public  schools,  there 
shall  be  set  apart  by  the  County  Treasurer  of  each  county  and 
placed  in  the  county  school  fund  all  moneys  arising  from  fines, 
forfeitures  or  breaches  of  any  of  the  public  penal  laws  of  the 
State. 

Distribution  of  School  Moneys. 

SECTION  66.  The  income  of  the  State  School  Fund  and 
taxes  collected  by  the  State  for  the  support  of  the  public  schools 
which  shall  be  received  up  to  the  first  day  of  January  and  the 
first  day  of  July  of  each  year,  shall  be  distributed  semi-annually 
during  said  months  respectively  in  each  year  among  the  several 
counties  of  the  State  from  which  reports  have  been  received  by 
the  State  Superintendent  of  Public  Instruction,  as  provided  in 
this  Chapter,  in  proportion  to  the  number  of  children  of  school 
age,  as  shown  by  the  last  school  census  list  of  each  county,  and 
the  Superintendent,  of  Public  Instruction  shall  certify  such  ap- 
portionment to  the  State  Auditor,  and,  upon  such  certificate, 
the  Auditor  shall  draw  his  warrant  in  favor  of  the  county  treas- 
urer of  each  county,  for  the  amount  due  such  county.  The 
Superintendent  shall  also  certify  to  the  treasurer  and  the  super- 
intendent of  each  county  the  amount  apportioned  to  each 
county. 

Apportionment  By  County  Superintendent. 

SECTION  67.  The  County  Superintendent  shall  require 
from  the  county  treasurer,  quarterly  each  year,  a  report  of  the 
amount  of  money  on  hand  to  the  credit  of  the  school  fund  of 
each  county,  not  already  apportioned,  and  the  County  Treas- 
urer shall  furnish  such  report  when  required.  The  County 
Superintendent,  upon  receiving  such  report,  shall  proceed  to 
apportion  the  public  school  moneys,  both  county  and  State, 
reported  by  the  County  Treasurer  to  be  in  the  County  Treas- 
ury, among  the  several  school  districts  in  the  following  manner, 
to-wit : 

Two-thirds  (2-3)  of  the  whole  amount  he  shall  apportion 
per  capita  among  the  several  districts  in  proportion  to  the  num- 
ber of  children  in  each  district  as  shown  by  the  last  report  of 
the  census  marshall  of  each  district;  Provided:  That  no  dis- 
trict shall  be  considered  as  having  less  than  twenty  (20)  census 


IDAHO    SCHOOL   LAWS. 

pupils.  Five  (5)  per  cent  of  the  remaining  one-third  (1-3), 
or  such  of  the  same  as  may  be  needed,  he  shall  apportion  among 
the  rural  high  school  districts  and  districts  organized  under  the 
consolidated  plan  which  carry  high  school  work,  in  proportion 
to  the  number  of  teachers  regularly  employed  in  such  high 
schools.  The  amount  apportioned  to  any  such  high  school  shall 
not  exceed  the  sum  of  Three  Hundred  Dollars  ($300)  in  any 
school  year  for  each  teacher  so  employed  in  such  high  schools. 
Fifty  (50)  per  cent  of  the  remainder,  or  so  much  thereof  as  may 
be  needed,  shall  be  used  for  the  relief  of  all  districts  organized 
under  Article  V  of  this  Act  which  are  unable  to  maintain  the 
minimum  term  as  provided  in  Article  VI,  Section  54  of  this 
Act,  when  such  districts,  after  having  levied  a  special  tax  of 
ten  (10)  mills,  have  not  sufficient  funds  to  maintain  the 
minimum  term.  The  County  Superintendent  shall  be  the 
judge  as  to  the  needs  of  such  districts.  The  balance  of  the 
whole  amount  remaining  after  such  aid  has  been  given  shall 
be  apportioned  per  capita  among  the  several  districts  in  pro- 
portion to  the  number  of  children  in  each  district  as  shown 
by  the  last  report  of  the  census  marshall  of  each  district ;  Pro- 
vided :  That  no  district  shall  share  in  any  of  the  distribution 
of  public  funds,  as  provided  in  this  Section,  unless  said  district 
shall  have  complied  with  the  provisions  of  this  Act.  Im- 
mediately after  such  apportionment,  the  County  Superintendent 
shall  certify  to  the  County  Treasurer  the  amounts  which  are 
to  be  placed  to  the  credit  of  each  district,  and  notify  the  clerk 
of  each  district  of  the  amount  placed  to  the  credit  of  his  dis- 
trict. 

Accounts  of  Treasurer  With  School  District. 

SECTION  68.  It  is  hereby  made  the  duty  of  the  County 
Treasurer  of  each  county  to  keep  a  separate  account  with  each 
school  district  in  the  county ;  place  to  the  credit  of  each  the 
amount  of  money  certified  to  by  the  County  Superintendent,  as 
provided  in  this  Chapter  and  to  pay  over  the  money  on  legally 
drawn  warrants  or  orders  of  the  district  officers  entitled  to  the 
same ;  Provided :  That  it  shall  be  the  duty  of  the  County  Su- 
perintendent, whenever  any  Board  of  Trustees  fails  to  comply 
with  the  provisions  of  this  Chapter,  or  any  subsequent  Act,  to 
notify  the  County  Treasurer  in  writing  that  there  has  been  a 
failure  upon  the  part  of  such  Board  of  Trustees  to  comply  with 
the  law.  Whereupon  it  shall  be  the  duty  of  the  County  Treas- 
urer to  withhold  all  moneys  apportioned  to  the  district  gov- 
erned by  said  Board  of  Trustees,  until  he  shall  have  received 


32  IDAHO    SCHOOL   LAWS. 

notice  from  the  County  Superintendent  that  the  Board  govern- 
ing said  district  has  fully  complied  with  the  law.  All  moneys 
that  shall  be  finally  forfeited  by  any  district  shall  be  put  into 
the  general  school  fund  of  the  county  and  be  apportioned  as 
other  moneys.  And  it  shall  be  the  duty  of  said  Treasurer  to 
receive  and  hold,  as  special  deposits,  all  moneys  belonging  to 
the  public  school  fund  of  his  county,  in  accordance  with  the 
provisions  of  this  Chapter,  and  to  pay  them  over  only  on  war- 
rants of  the  County  Auditor;  Provided,  further:  That  the 
said  County  Treasurer  shall  pay  over  to  the  Treasurer  of  any 
Independent  School  District  organized  under  the  provisions  of 
ihi?  Chapter,  all  moneys  belonging  to  such  district,  upon  the 
presentation  of  an  order  from  the  Clerk  of  the  Board  of 
Trustees  of  such  district,  signed  also  by  the  chairman  thereof, 
and  countersigned  by  the  County  Superintendent  and  County 
Auditor. 

Duties  of  County  Superintendent. 

SECTION  69.  It  shall  be  the  duty  of  the  County  Superin- 
tendent in  each  county  to  keep  a  separate  account  with  each 
school  district  in  his  county;  to  place  to  the  credit  of  each 
district  the  amount  apportioned  by  him  as  provided  for  in  this 
Article;  to  countersign  all  legally  drawn  warrants  and  orders 
of  the  district  officers  entitled  to  draw  the  same;  to  enter  the 
same  upon  his  books  in  proper  form,  giving  date,  number  of 
such  warrant  or  order,  to  whom  drawn,  for  what  purpose,  and 
the  amount  of  the  same.  And  further,  it  shall  be  the  duty  of 
the  County  Superintendent  to  collect,  by  process  of  law,  all 
penal  fines  not  paid  over  by  the  justices  of  the  peace,  or  other 
officers  required  by  law  to  pay  the  same  into  the  County 
Treasury;  and  the  same  may  be  collected  and  recovered  by 
action  at  law,  in  which  the  State  of  Idaho,  by  the  County 
Superintendent,  is  plaintiff  and  the  officer  neglecting  or  re- 
fusing to  pay  over  said  moneys  is  defendant. 

Auditor  to  Draw  School  Warrants. 

SECTION  70.  It  shall  be  the  duty  of  the  County  Auditor, 
upon  presentation  of  any  order  from  the  Clerk  of  the  Board 
of  Trustees  of  any  school  district  in  his  county,  (said  order 
also  being  signed  by  the  chairman  of  the  said  Board  of  Trus- 
tees, or  in  his  absence,  by  the  other  members  of  the  Board) 
to  draw  his  warrant  upon  the  school  fund  standing  to  the 
credit  of  the  said  district  in  favor  of  the  persons  mentioned 
in  said  order;  Provided:  That  the  said  orders  have  been 
countersigned  by  the  County  Superintendent,  but  in  no  case 


IDAHO    SCHOOL   LAWS. 

shall  he  issue  a  warrant  for  a  greater  amount  than  there  is 
cash  in  the  Treasury  to  the  credit  of  said  district,  except  as 
provided  in  the  four  following  Sections ;  Provided,  further : 
That,  in  the  case  of  Independent  School  Districts,  the  above 
shall  be  inoperative  and  the  warrant,  of  the  Clerk  of  the  Board, 
countersigned  by  the  chairman  of  the  Board,  or,  in  his  absence, 
by  the  other  members  of  the  Board,  shall  become  a  demand  on 
the  Treasurer  of  the  Independent  School  District  for  the 
amount  of  the  warrant.  In  no  case  shall  a  warrant  be  issued  in 
an  Independent  School  District  for  a  greater  amount  than  there 
is  cash  in  the  Treasury  of  the  district,  except  as  provided  in 
the  four  following  Sections. 

Deficiency  Warrants. 

SECTION  71.  The  Trustees  of  any  school  district  may  issue 
orders  for  warrants  for  the  payment  of  teachers  for  their 
services  in  teaching,  and  for  other  necessary  expenses  con- 
nected with  the  school,  whether  or  not  there  is  any  money  in 
the  treasury  to  the  credit  of  the  district  issuing  such  orders 
for  warrants ;  Provided :  That  the  total  amount  of  such  orders 
for  warrants  shall  not  exceed  the  income  and  revenue  for  such 
district  for  such  year;  Provided,  further:  That  the  total 
amount  of  such  orders  for  warrants. or  Independent  School 
District  warrants  shall  not  exceed  ninety-five  (95)  per  cent 
of  the  income  and  revenue  for  such  district  for  such  year,  until 
such  income  and  revenue  has  been  paid  into  the  Treasury  to 
the  credit  of  the  district  issuing  such  orders  for  warrants. 

Same:  Superintendent  to  Countersign  Orders. 

SECTION  72.  It  shall  be  the  duty  of  the  County  Super- 
intendent of  the  county  in  which  such  orders  for  warrants  are 
issued  to  countersign  all  such  legally  drawn  orders  for  war- 
rants when  presented  to  him  for  signature. 

Same:    Issuance  of  Warrant. 

SECTION  73.  On  the  presentation  of  an  order  for  a  war- 
rant properly  countersigned  by  the  County  Superintendent, 
the  County  Auditor  shall  issue  a  county  warrant  for  the  same 
as  provided  by  law. 

Same:  Presentment  for  Payment. 

SECTION  74.  The  person  holding  such  warrant  issued  by 
the  County  Auditor  or  Independent  School  District  may  pre- 
sent the  same  to  the  County  Treasurer  or  Independent  School 
District  Treasurer  for  payment.  If  there  is  not  money  in  the 
treasury  to  the  credit  of  the  said  district  on  which  the  warrant 


34  IDAHO    SCHOOL  LAWS. 

is  drawn  to  pay  such  warrant,  the  Treasurer  shall  indorse  on 
the  back  of  said  warrant,  "Not  paid  for  want  of  funds."  War- 
rants so  indorsed  by  the  County  Treasurer  or  Independent 
School  District  Treasurer  shall  draw  interest  at  the  rate  of 
seven  (7)  per  cent  per  annum  from  the  date  of  indorsement 
until  paid ;  Provided :  That,  when  the  warrants  of  the  district 
shall  be  at  a  discount,  the  warrant  shall  be  drawn  for  a  suf- 
ficient amount  to  cover  the  discount. 

Investment  of  Surplus  Money. 

SECTION  75.  Whenever  there  shall  have  accumulated  in 
the  hands  of  the  Treasurer  of  any  School  District  in  the  State, 
moneys  belonging  to  said  School  District  to  an  amount  in 
excess  of  the  amount  which,  in  the  opinion  of  the  School 
District  Board  of  said  District,  shall  be  necessary  for  the  current 
expenses  of  maintaining  the  schools  in  said  District,  the  same 
shall  be  invested  by  the  said  Board  in  United  States 
bonds,  State  bonds,  State  warrants  or  county  warrants,  when 
the  market  value  thereof  is  not  below  par.  And  said 
Board  shall  deposit  said  securities  in  some  safe  deposit,  and 
they  shall  there  be  kept  until  it  shall  become  necessary  to  con- 
vert the  same  into  money  for  school  district  purposes,  to  be 
determined  by  said  Board. 


ARTICLE  VIII. 
SCHOOL  DISTRICT  BONDS. 

Calling  Bond  Elections. 

SECTION  76.  The  Board  of  School  Trustees  of  any  school 
district  may,  whenever  a  majority  so  decides,  submit  to  the 
qualified  voters  of  the  State  of  Idaho  who  are  resident  free 
holders  or  householders  of  the  district,  and  their  wives  who  are 
qualified  electors,  the  question  whether  the  Board  shall  be 
authorized  to  issue  coupon  bonds  to  a  certain  amount,  not  to 
exceed  twelve  (12)  per  cent  of  the  taxable  property  in  said 
district,  and  bearing  a  rate  of  interest  not  exceeding  six  (6) 
per  cent  per  annum,  and  payable  and  redeemable  at  a  certain 
time,  for  the  purpose  of  building  or  providing  one  or  more 
school  houses  in  said  district,  with  all  necessary  furniture, 
desks,  blackboards,  globes,  charts,  outline  maps,  etc.  And 
the  Board  of  School  Trustees  of  any  School  District,  which 
has  issued  bonds  for  any  of  the  purposes  enumerated  in  this 
Section,  may  submit  to  the  electors  of  such  district  the  question 
whether  the  Board  shall  be  authorized  to  issue  coupon  bonds 


IDAHO    SCHOOL   LAWS.  35 

to  refund  or  take  up  any  of  the  bonded  indebtedness  of  such 
district,  at  a  rate  of  interest  not  exceeding  six  (6)  per  cent  per 
annum. 

Election;  Issuance  and  Registration  of  Bonds. 

SECTION  77.  Such  elections  must  be  held  in  the  manner 
prescribed  for  elections  in  this  Chapter.  The  ballots  must 
contain  the  words  "Bonds,  Yes"  or  "Bonds,  No."  If  two- 
thirds  of  the  votes  cast  at  such  elections  are  "Bonds,  Yes," 
the  Board  of  Trustees  must  issue  such  bonds  -in  such  form  as 
said  Board  may  direct;  they  must  bear  the  signature  of  the 
chairman  of  the  Board  of  Trustees,  and  be  countersigned  by 
the  Clerk  of  the  School  District,  and  the  coupons  attached 
to  the  bonds  must  be  signed  by  said  chairman  and  said  Clerk; 
and  each  bond  so  issued  must  be  registered  by  the  County 
Treasurer  in  a  book  provided  for  that  purpose,  which  must 
show  the  number  and  amount  of  each  bond  and  the  person 
to  whom  the  same  is  issued,  and  the  said  bonds  must  be  sold 
by  the  said  School  Trustees  as  hereinafter  provided. 

Sale  of  Bonds. 

SECTION  78.  The  School  Trustees  must  give  notice  in 
some  newspaper  published  in  the  State,  for  a  period  of  not 
less  than  four  (4)  weeks,  to  the  effect  that  said  School  Trus- 
tees will  sell  said  bonds,  briefly  describing  the  same,  and  stating 
the  time  when,  and  the  place  where  said  sale  will  take  place; 
Provided :  That  the  said  bonds  must  not  be  sold  for  less  than 
their  par  value,  and  the  Trustees  are  authorized  to  reject  any 
bids  and  to  sell  said  bonds  at  private  sale  if  they  deem  it  for 
the  best  interest  of  the  district,  and  all  moneys  arising  from 
the  sale  of  said  bonds  must  be  paid  forthwith  into  the 
treasury  of  the  county  in  which  said  District  may  be  located, 
to  the  credit  of  said  District,  and  the  same  are  immediately 
available  for  any  of  the  purposes  authorized  by  this  Chapter. 

Liability  of  School  District. 

SECTION  79.  The  faith  of  each  School  District  is  solemnly 
pledged  for  the  payment  of  the  interest  and  the  redemption 
of  the  principal  of  all  bonds,  which  are  issued  under  this 
Article.  And  for  the  purpose  of  enforcing  the  provisions  of 
this  Article,  each  School  District  is  a  body  corporate,  and  may 
sue  and  be  sued  by  or  in  the  name  of  the  Board  of  School 
Trustees  of  said  District. 

Tax  Levy  to  Pay  Bonds ;  Investment  of  Sinking  Fund. 

SECTION  80.  The  School  Trustees  of  each  District  must 
ascertain  and  levy  annually  the  tax  necessary  to  pay  the  in- 


3t>  IDAHO    SCHOOL    LAWS. 

terest  as  it  becomes  due  and  to  create  a  sinking  fund  to  redeem 
the  bonds  at  their  maturity,  and  said  tax  is  a  lien  upon  the 
property  of  said  School  District,  and  must  be  collected  in  the 
same  manner  as  other  taxes  for  school  purposes ;  Provided : 
That  the  said  sinking  fund  may,  at  the  discretion  of  the  Board, 
be  loaned  on  first  mortgage  or  improved  farm  lands,  but  no 
loan  shall  exceed  one-third  (1-3)  of  the  market  value  of  the 
land,  exclusive  of  the  improvements  thereon,  given  as  security 
for  such  loans.  The  annual  interest  on  all  loans  herein  pro- 
vided for  shall  be  seven  (7)  per  cent.  Said  sinking  fund  may 
be  invested  in  United  States  bonds,  State  bonds,  county  bonds, 
county  or  State  warrants,  when  the  market  value  thereof  is 
not  below  par,  at  the  discretion  of  said  Board. 

Redemption  of  Bonds. 

SECTION  81.  When  the  sum  in  the  sinking  fund  equals  or 
exceeds  the  amount  of  any  bond  then  due,  the  County  Treas- 
urer shall  post  in  his  office  a  notice  that  he  will,  within  thirty 
(30)  days  from  the  date  of  such  notice,  redeem  the  bonds  then 
payable,  giving  the  number  thereof,  and  the  preference  must  be 
given  to  the  oldest  issue;  and  if,  at  the  expiration  of  the  said 
thirty  (30)  days,  the  holder  or  holders  of  said  bonds  shall 
fail  or  neglect  to  present  the  same  for  payment,  interest  thereon 
must  cease;  but  the  Treasurer  shall,  at  all  times  thereafter,  be 
leady  to  redeem  the  same  on  presentation,  and  when  any  bonds 
are  so  purchased  or  redeemed,  the  County  Treasurer  must  .can- 
cel the  same  by  writing  across  the  face  of  each  bond,  in  red 
ink,  the  word  "Redeemed,"  and  date  of  such  redemption. 

Payment  of  Interest  on  Bonds. 

SECTION  82.  The  County  Treasurer  must  pay  out  of  any 
moneys  belonging  to  a  school  district,  the  interest  upon  any 
bonds  issued  under  this  Article  by  such  school  district  when 
the  same  becomes  due,  upon  the  presentation  at  his  office  of 
the  proper  coupon,  which  must  show  the  amount  due  and  the 
number  of  the  bond  to  which  it  belonged;  and  all  coupons  so 
paid  must  be  reported  to  the  school  trustees  at  the  first  meeting 
thereafter. 

Bonds  to  Be  Printed. 

SECTION  83.  The  School  Trustees  of  any  district  must 
cause  to  be  printed  or  lithographed,  at  the  lowest  rates,  suitable 
bonds,  with  the  coupons  attached,  when  the  same  becomes 
necessary,  and  pay  therefor  out  of  any  moneys  in  the  County 
Treasury  to  the  credit  of  the  School  District. 


IDAHO    SCHOOL   LAWS. 

Neglect  to  Pay  Over  Money  a  Felony. 

SECTION  84.  If  any  of  the  School  Trustees,  other  than  In- 
dependent School  District  Trustees  having  their  own  treasurer, 
fraudulently  fail  or  refuse  to  pay  into  the  County  Treasury  the 
money  arising  from  the  sale  of  any  bonds  provided  for  by  this 
Article,  they  are  guilty  of  a  felony. 


ARTICLE  IX. 
TEACHERS. 

Register  and  Report  of  Teachers. 

SECTION  85.  Teachers  of  the  public  schools  must  be  fur- 
nished with  a  school  register  by  the  trustees  of  the  district, 
for  the  purpose  of  registering  the  names  of  their  pupils,  and 
their  daily  attendance  at  schools,  and  at  the  close  of  the  term 
said  register  must  be  delivered  to  the  Clerk  of  the  Board  of 
Trustees  of  the  District.  The  teacher  must  also  be  furnished 
with  a  blank  report  by  said  trustees,  which  report  said  teacher 
must  fill  up  according  to  the  heading  of  the  same  and  transmit 
it  to  the  County  Superintendent  of  the  county  at  the  close  of 
the  term,  and  no  teacher  shall  be  allowed  an  order  in  excess  of 
ninety  per  cent  of  his  or  her  salary  until  said  report  is  so  made 
out  and  transmitted. 

General  Duties  of  Teachers;  Suspension  of  Pupils. 

SECTION  86.  (a).  Every  teacher  in  the  public  schools 
may  suspend,  for  good  cause,  any  pupil,  and  report  such  sus- 
pension to  the  Board  of  Trustees  for  review.  If  the  action 
of  the  teacher  is  sustained  by  the  Board,  the  pupil  may  be 
censured  and  returned  to  the  school  or  expelled  from  school,  as 
in  the  judgment  of  the  Board  seems  proper;  but  if  not  sus- 
tained, the  teacher  may  appeal  to  the  County  Superintendent, 
whose  decision  shall  be  final. 

(b).  Every  teacher  shall  make  reports,  in  addition  to  those 
mentioned  elsewhere  in  this  chapter,  which  may  be  required 
by  the  State  Superintendent,  County  Superintendent,  or  by 
the  school  district  Board  of  Trustees;  shall  use  the  text  books 
provided  for  the  schools  of  the  State;  enforce  the  course  of 
study  and  the  rules  and  the  regulations  prescribed  by  the  State 
Superintendent;  hold  pupils  to  a  strict  account  for  disorderly 
conduct  or  improper  language  in  or  about  the  building,  on 
the  play  grounds,  and  on  the  way  to  and  from  school;  shall 
keep  himself  or  herself  without  reproach,  and  endeavor  to 


38  IDAHO    SCHOOL   LAWS. 

impress  upon  the  minds  of  the  pupils  the  principles  of  truth, 
justice,  morality,  patriotism  and  refinement,  and  to  avoid  idle- 
ness, falsehood,  profanity,  vulgarity  and  intemperance;  give 
attention  during  every  school  term  to  the  cultivation  of  man- 
ners, and  shall,  if  there  be  a  library  in  the  school,  devote  not 
less  than  one  hour  in  each  week  to  systematically  reviewing 
the  works  contained  therein. 

Teachers  Must  Have  Certificate. 

SECTION  87.  No  teacher  shall  be  entitled  to,  or  receive,  any 
compensation  for  the  time  he  or  she  teaches  in  any  public 
school  without  a  certificate  valid  or  in  force  for  such  time  in 
the  county  where  such  school  is  taught,  except  that  if  a  teacher's 
certificate  shall  expire  by  its  own  limitation  within  six  weeks 
of  the  close  of  the  term,  such  teacher  may  finish  such  term 
without  re-examination  or  renewal  of  his  or  her  certificate. 


ARTICLE  X. 

CERTIFICATION  OF  TEACHERS. 
Certificates  Not  Granted  to  Aliens. 

SECTION  88.  No  persons  shall  be  granted  a  certificate  or 
employed  as  teacher  in  any  public  school  who  is  not  a  citizen 
of  the  United  States,  or  who  has  not  declared  his  intention  to 
become  such. 

Time,  Place,  and  Manner  of  Holding  Examinations. 

SECTION  89.  Examinations  for  State  and  for  State  Life 
Certificates  shall  be  held  upon  the  fourth  Thursday  in  Feb- 
ruary and  August  of  each  year.  Examinations  for  County 
Certificates  shall  be  held  upon  the  fourth  Thursday  in  Feb- 
ruary, May,  August  and  November  of  each  year.  The  ex- 
aminations for  each  county  shall  be  held  in  a  suitable  room  at 
the  county  seat,  and  such  examinations  shall  be  under  the 
charge  of  the  County  Superintendent,  and  shall  be  conducted 
in  accordance  with  the  rules  and  regulations  of  the  State 
Board  of  Education.  The  questions  used  in  these  examinations 
shall  be  such  only  as  are  sent  out  under  seal  by  the  State  Board 
of  Education,  and  the  questions  shall  be  opened  on  the  day 
of  examination  in  the  presence  of  those  to  be  examined.  The 
County  Superintendent  shall  send  all  examination  papers  of 
teachers  to  the  office  of  the  State  Superintendent  for  grading 
in  accordance  with  Section  XI,  Article  i,  of  this  Act. 


IDAHO    SCHOOL   LAWS. 

STATE  AND  STATE  LIFE  CERTIFICATES. 
Classes  of  Certificates. 

SECTION  90.  The  certificates  issued  by  the  State  Board  of 
Education  shall  be  State  Certificates,  and  Specialists'  State 
Certificates,  each  of  which  shall  be  valid  for  eight  (8)  years, 
and  State  Life  Certificates,  valid  for  life,  unless  revoked  for 
cause;  Provided:  That  a  State  Life  Certificate  shall  lapse 
when  the  holder  thereof  has  not  been  actively  engaged  in  school 
work  for  five  (5)  consecutive  years.  Said  State  Life  Cer- 
tificate shall,  in  such  event,  be  renewable  at  the  option  of  the 
State  Board  of  Education. 

State  Certificate  By  Indorsement. 

SECTION  91.  (a).  The  State  Board  of  Education  may  is- 
sue State  certificates  to  persons  of  good  moral  character  who 
are  graduates  from  the  advanced  course  (two  (2)  years'  nor- 
mal work  above  a  four  year  high  school  course)  of  State  Nor- 
mal Schools  of  other  states,  who  hold  state  or  life  certificates  in 
such  states,  and  to  graduates  of  any  chartered  college  or  uni- 
versity having  the  power  to  grant  degrees ;  Provided :  That 
the  bachelor  degree  of  said  college  or  university  is  recognized 
for  credit  by  the  state  university  of  its  respective  state ;  Pro- 
vided, further:  That  all  applicants  for  certificates  under  this 
Act  shall  have  been  actually  engaged  in  teaching  within  two 
(2) years  of  the  date  of  making  such  application  and  shall  pre- 
sent with  such  application  satisfactory  proof  of  having  been 
successfully  engaged  in  teaching  for  a  period  of  not  less  than 
eighteen  (18)  months,  together  with  certificate  of  graduation 
from  such  approved  state  normal,  college  or  university.  Such 
certificates  may  be  renewed  by  the  State  Board  of  Education 
so  long  as  the  holder  thereof  is  worthy,  in  their  judgment,  of 
continuing  to  teach  in  the  State. 

(b).  The  State  Board  of  Education  may  issue  Specialists' 
State  Certificates,  good  only  for  special  teachers  of  music, 
drawing,  manual  training,  domestic  science  and  physical  edu- 
cation to  persons  of  good  moral  character  who  are  graduates 
from  approved  schools  which  offer  courses  of  not  less  than 
two  (2)  years'  work  in  any  of  the  above  mentioned  special  de- 
partments; Provided:  That  all  candidates  for  such  Specialists' 
State  Certificates  as  above  provided  shall  first  present  satis- 
factory evidence  of  having  completed  an  academic  course  of  a 
grade  not  lower  than  graduation  from  an  approved  high  school 
before  having  entered  upon  such  special  course  of  two  (2) 
years'  work;  Provided,  further:  That  such  Specialists'  State 


4°  IDAHO    SCHOOL   LAWS. 

Certificate  shall  authorize  the  holders  to  teach  only  in  the  spe- 
cial department  or  departments  mentioned  in  said  certificate. 

University  of  Idaho  Graduates  Entitled  to  Certificates. 

SECTION  92.  Every  graduate  of  the  University  of  Idaho 
receiving  either  the  degree  of  the  Bachelor  or  Arts  or  Bachelor 
of  Science,  and  the  certificate  of  the  head  of  the  Department  of 
Education  of  said  University  that  he  has  completed  the  re- 
quired work  in  said  department,  or  in  lieu  of  said  certificate, 
has  taught  successfully  in  the  public  schools  of  the  State  for  a 
period  of  five  (5)  years,  shall  receive  a  State  certificate  from 
the  State  Board  of  Education,  if  in  the  judgment  of  said  Board 
the  candidate  is  not  otherwise  disqualified. 

Life  Certificate  By  Endorsement. 

SECTION  93.  The  State  Board  of  Education  may  issue  a 
life  certificate  to  any  person  of  good  moral  character  who  holds 
a  life,  certificate  from  another  state  of  approved  educational 
standing  when  such  applicant  shall  present  proof  that  he  has 
been  successfully  engaged  in  teaching  for  at  least  five  (5) 
years,  two  (2)  of  which  shall  have  been  in  the  State  of  Idaho, 
and  shall  furnish  satisfactory  evidence  of  his  or  her  ability 
to  instruct  and  to  manage  any  school  in  the  State  by  showing 
that  he  is  either  professionally  trained  or  qualified  by  experience 
to  do  such  work. 

State  Certificate  By  Examination. 

SECTION  94.  The  State  Board  of  Education  shall  issue  a 
State  certificate  to  any  person  of  good  moral  character  who 
shall  pass  a  thorough  examination  in  such  branches  as  the  State 
Board  of  Education  may  direct ;  Provided :  That  such  appli- 
cant shall  present  proof  that  he  has  been  successfully  engaged 
in  teaching  for  at  least  three  (3)  years,  and  shall  furnish  the 
Board  with  satisfactory  evidence  of  his  ability  to  instruct  and 
to  manage  any  school  within  the  State,  and  shall  hold  at  the 
time  a  valid  first  grade  county  certificate. 

Life  Certificates  By  Examination. 

SECTION  95.  The  State  Board  of  Education  shall  issue  a 
State  life  certificate  to  any  person  or  good  moral  character  who 
shall  pass  a  thorough  examination  in  such  branches  as  the 
Board  may  direct;  Provided  :  That  the  applicant  has  been  suc- 
cessfully engaged  in  teaching  for  at  least  five  (5)  years,  two 
(2)  of  which  shall  have  been  in  the  State  of  Idaho,  and  shall 
furnish  the  Board  with  satisfactory  evidence  of  his  ability  to 


IDAHO    SCHOOL   LAWS.  41 

instruct  and  to  manage  any  school  within  the  State,  and  shall 
hold  at  the  time  a  valid  State  certificate. 

Fees  for  State  and  State  Life  Certificates. 

SECTION  96.  Every  person  before  receiving  a  State  Cer- 
tificate shall  pay  to  the  State  Treasurer  the  sum  of  Five  Dollars 
($5.00),  and  every  person  before  receiving  a  Life  Certificate 
shall  pay  to  the  State  Treasurer  the  sum  of  Ten  Dollars 
($10.00)  for  deposit  in  the  State  Board  of  Education  Fund. 
The  State  Board  of  Education  shall  require  the  receipt  of  the 
said  Treasurer  before  issuing  said  State  Certificate  or  State 
Life  Certificate.  The  State  Board  of  Education  Fund  shall  be 
used  to  defray  any  and  all  expenses  incurred  by  said  Board  in 
carrying  out  the  provisions  of  this  Act. 

Revocation  of  State  and  of  State  Life  Certificates. 

SECTION  97.  The  State  Board  of  Education  shall  have 
power  to  revoke  any  State  or  State  Life  Certificate  for  any 
cause  of  disqualification  which  would  have  been  sufficient 
ground  for  refusing  to  issue  the  same,  had  the  cause  existed 
or  been  known  at  the  time  of  its  issue ;  Provided  :  That  before 
revoking  any  such  certificate,  the  holder  thereof  shall  have  at 
thirty  (30)  days'  notice  to  appear  before  the  State  Board  of 
Education  and  show  cause  why  such  revocation  should  not  be 
made. 

Record  of  Certificates. 

SECTION  98.  The  State  Board  of  Education  shall  keep  a 
record  of  all  State  and  State  Life  Certificates  granted  or  re- 
voked, showing  to  whom  issued,  age  of  grantee,  date  of  issue, 
grade  of  each  certificate,  and  if  revoked,  the  date  and  reason 
therefor. 

COUNTY  CERTIFICATES. 
Grades  of  Certificates. 

SECTION  99.  The  certificates  issued  by  the  County  Super- 
intendents in  accordance  with  Section  13,  Article  I,  and  with 
Sections  88  and  89  of  this  Article  shall  be  of  three  (3)  grades, 
valid  in  the  counties  in  which  they  are  issued  for  the  term 
hereinafter  specified,  unless  sooner  revoked: 

First  grade,  five  (5)  years  from  the  date  thereof. 

Second  grade,  three  (3)  years  from  the  date  thereof. 

Third  grade,  one  ( i )  year  from  the  date  thereof. 

Provided :  That  first  and  second  grade  certificates  shall 
be  good  in  any  county  in  the  State  for  the  same  period  by  the 


42  IDAHO    SCHOOL   LAWS. 

holder  thereof  filing  a  certified  copy  of  the  same  with  the 
County  Superintendent  in  the  county  in  which  he  desires  to 
teach. 

General  Requirements. 

SECTION  100.  The  County  Superintendent  shall  grant  cer- 
tificates in  such  form  as  the  State  Board  of  Education  shall 
prescribe,  to  those  persons  only  who  shall  have  attained  the  age 
of  eighteen  (18)  years,  who  are  of  good  moral  character,  and 
who,  if  the  applicant  has  taught,  shall  have  proved  his  ability 
to  govern  and  to  instruct  a  school. 

Each  applicant  for  a  county  certificate  shall  pay  to  the  County 
Superintendent  the  sum  of  One  Dollar  ($1.00),  the  same  to 
be  deposited  in  the  County  Treasury  to  the  credit  of  the  In- 
stitute Fund  to  be  used  in  the  institute  work  in  addition  to  the 
regular  appropriation. 

The  County  Superintendent,  upon  issuing  county  certificates 
in  accordance  with  the  report  of  the  State  Board  of  Education 
as  provided  in  Section  13,  Article  I,  shall  collect  and  forward 
to  the  State  Treasurer  for  deposit  in  the  State  Board  of  Edu- 
cation Fund  the  sum  of  Three  Dollars  ($3.00)  for  each  first 
grade  teacher's  certificate;  the  sum  of  Two  Dollars  ($2.00) 
for  each  grade  teacher's  certificate,  and  One  Dollar  ($1.00) 
for  each  third  grade  teacher's  certificate  issued.  No  certificate 
shall  be  issued  unless  the  applicant  shall  attain  a  general 
average  of  eighty-five  (85)  per  cent,  with  no  subject  below 
seventy-five  (75)  per  cent. 

Third  Grade  Certificates. 

SECTION  101.  (a).  Every  applicant  for  a  third  grade 
certificate  shall  be  examined  in  orthoepy,  spelling,  reading,  pen- 
manship, arithmetic,  elementary  composition,  grammar,  geo- 
graphy, history  of  the  United  States,  the  civil  government  of 
the  United  States,  and  of  the  State  of  Idaho,  physiology  and 
hygiene  with  special  reference  to  the  effects  of  stimulants  and 
narcotics  upon  the  human  system,  school  law,  the  manual  of 
the  elementary  course  of  study  for  the  common  schools  of 
Idaho,  and  the  elements  of  agriculture ;  and  in  addition  to  pass- 
ing examinations  in  the  aforesaid  branches  he  shall  have  at- 
tended a  professional  school  for  teachers  for  at  least  six  (6) 
weeks  and  shall  have  received  in  such  school  standings 
in  the  School  Laws  of  Idaho,  in  school  management, 
and  in  the  methods  of  teaching  reading  and  language, 
arithmetic,  history  and  geography ;  Provided,  however : 
That  the  provisions  of  this  Section  relative  to  at- 


IDAHO    SCHOOL   LAWS.  43 

tendance  at  professional  schools  for  teachers  shall  not 
apply  to  persons  who  have  taught  successfully  for  at  least 
eight  (8)  months  prior  to  July  i,  1911. 

(b).  In  this  Act  "Professional  School  for  Teachers"  shall 
mean  a  state  normal  school,  a  state  summer  normal  school  for 
teachers,  the  department  of  education  in  the  State  University, 
or,  in  counties  remote  from  a  state  normal  school  or  state 
summer  normal  school  for  teachers,  a  teachers'  normal  institute 
maintained  under  such  conditions  and  restrictions  as  may  be 
provided  by  the  State  Board  of  Education ;  Provided :  That 
such  institute  shall  be  taught  by  at  least  two  (2)  teachers  and 
be  of  not  less  duration  than  six  (6)  weeks,  and  shall  have  in 
connection  therewith  a  model  or  a  practice  school. 

(c).  A  third  grade  certificate  shall  entitle  the  holder  to 
teach  for  such  period,  not  more  than  one  ( i )  year,  as  may  be 
specified  therein,  in  the  county  in  which  the  certificate  is 
issued.  A  third  grade  certificate  may  be  renewed  if  the  holder 
shall,  during  the  life  of  the  certificate,  attend  a  professional 
school  for  teachers  for  a  period  of  not  less  than  six  (6)  weeks 
and  shall  receive  in  such  school  credits  in  at  least  two  (2) 
subjects.  The  holder  of  a  third  grade  certificate  may  also 
renew  the  same  by  passing  an  examination  in  all  the  subjects 
required  for  a  third  grade  certificate.  Not  more  than  three  (3) 
grade  certificates  shall  be  granted  after  July  i,  1911,  to  the 
same  person. 

Second  Grade  Certificates. 

SECTION  102.  (a).  An  applicant  to  receive  a  second  grade 
certificate  shall  have  taught  successfully  in  the  public  schools 
for  at  least  eight  (8)  months  and  shall  pass  a  satisfactory  ex- 
amination in  all  the  branches  required  for  a  third  grade  cer- 
tificate, and,  in  addition,  in  physical  geography,  American 
literature,  English  composition,  and  in  the  cataloguing  and  the 
use  of  school  libraries.  The  County  Superintendent  may  trans- 
fer the  standings  of  a  third  grade  certificate  in  force  to  a  second 
grade  certificate  if  the  holder  of  such  third  grade  certificate  has 
taught  a  school  successfully  for  at  least  eight  (8)  months  and 
has  attended,  since  receiving  such  third  grade  certificate,  a 
professional  school  for  teachers  for  at  least  six  (6)  weeks 
and  received  credits  in  at  least  two  (2)  subjects. 

(b).  A  second  grade  certificate  issued  in  accordance  with 
this  Act  or  in  force  at  the  time  of  its  enactment  may  be  re- 
newed if  the  holder  thereof  shall  pass  an  examination  in  all 
the  subjects  required  for  a  second  grade  certificate.  Such 
second  grade  certificate  may  also  be  renewed  without  exami- 


44  IDAHO    SCHOOL   LAWS. 

nation  provided  the  holder  thereof  has  taught  successfully  for 
two  (2)  years  during-  the  life  of  such  certificate  and  has  at- 
tended a  professional  school  for  teachers  at  least  six  (6)  weeks 
and  received  credits  in  at  least  two  (2)  subjects.  Not  more 
than  two  (2)  second  grade  certificates  shall  be  granted  after 
July  i,  1911,  to  the  same  person. 

First  Grade  Certificates. 

SECTION  103.  (a).  An  applicant  to  receive  a  first  grade 
certificate  shall  have  taught  successfully  for  at  least  eight  (8) 
months  in  the  public  schools  and  shall  pass  a  satisfactory  ex- 
amination in  all  the  branches  required  for  a  second  grade  cer- 
tificate and  in  addition  in  English  literature,  principles  of 
teaching,  algebra,  physics  or  botany,  and  mediaeval  and  modern 
or  English  history.  The  County  Superintendent  may  transfer 
the  standings  of  a  second  grade  certificate  in  force  to  a  first 
grade  certificate  if  the  holder  of  such  second  grade  certificate 
has  taught  a  school  successfully  for  at  least  eight  (8)  months 
and  has  attended,  since  receiving  such  second  grade  certificate, 
a  professional  school  for  teachers  for  at  least  six  (6)  weeks  and 
received  credits  in  at  least  two  (2)  subjects. 

(b).  A  first  grade  certificate  may  be  renewed  by  the 
County  Superintendent  provided  the  holder  has  taught  success- 
fully for  a  period  of  five  (5)  years. 

Special  Third  Grade  Certificate. 

SECTION  104.  Whenever  the  supply  of  legally  qualified 
teachers  in  any  county  has  been  exhausted  the  County  Super- 
intendent with  the  approval  of  the  State  Superintendent  may 
issue  special  third  grade  certificates  on  examination  in  the 
subjects  required  for  such  certificates  to  as  many  persons  as 
are  necessary  to  fill  the  schools,  provided  that,  not  more  than 
one  ( i )  such  certificate  shall  be  issued  to  the  same  person. 

Permits  to  Teach. 

SECTION  105.  Whenever  the  supply  of  legally  qualified 
teachers  in  any  county  has  been  exhausted  the  County  Super- 
intendent, with  the  approval  of  the  State  Superintendent,  may 
endorse  the  certificates  of  teachers  from  other  counties  or  other 
states  by  writing  thereof  "Good  until  the  next  regular  exami- 
nation to  be  held  on 191--."  The  teacher  holding  such 

permit  shall  not  teach  thereon  after  the  next  regular  exami- 
nation, nor  shall  a  second  permit  be  issued  to  the  same  person 
within  three  (3)  years  of  the  issuance  of  the  aforesaid  first 
permit.  A  record  of  all  permits  shall  be  preserved  in  the  office 
of  the  State  Superintendent. 


IDAHO    SCHOOL   LAWS.  45 

Revocation  of  Teachers'  Certificates. 

SECTION  106.  The  County  Superintendent  shall  have  power 
to  revoke  any  county  certificate  for  neglect  of  duty,  for  in- 
competency  to  instruct  and  govern  a  school,  for  immorality  or 
for  any  cause  which  should  have  been  sufficient  ground  f;jr  re- 
fusing to  issue  the  same,  had  the  cause  existed  or  been  known 
at  the  time  of  its  issue;  Provided:  That  no  certificate  shall 
be  revoked  or  annulled  without  a  personal  hearing,  unless  the 
holder  thereof  shall,  after  thirty  (30)  days'  notice,  neglect 
or  refuse  to  appear  before  the  Superintendent  for  that  purpose; 
Provided,  further:  The  said  teacher  shall  have  the  right  of 
?ppeal  to  the  State  Superintendent,  whose  decision  shall  be 
final ;  Provided,  further :  That  it  shall  be  the  right  of  any  citi- 
zen to  bring  to  the  attention  of  the  State  Board  of  Education 
any  case  in  which  the  County  Superintendent  shall  neglect  or 
refuse  to  revoke  a  certificate  when  cognizant  of  the  facts  in  the 
case,  and  it  shall  be  the  duty  of  the  State  Board  of  Education, 
through  its  executive  officer,  to  investigate  the  charges,  and, 
if  proved  true  in  accordance  with  the  reasons  set  forth  in  this 
Section,  then  the  State  Board  of  Education  is  empowered  to 
revoke  the  certificate  in  question. 

Record  of  Certificates. 

SECTION?  107.  The  County  Superintendent  shall  keep  a 
record  of  all  certificates  granted  or  revoked,  showing  to  whom 
issued,  age  of  grantee,  date  of  issue,  grade  and  duration  of  each 
certificate,  and  if  revoked,  the  date  and  reason  therefor. 


ARTICLE  XL 

TEACHERS'  INSTITUTES. 
County  Superintendent  to  Hold  Institute. 

SECTION  108.  The  County  Superintendent  of  each  county 
in  this  State  must  hold  annually  a  teachers'  institute  at  such 
time  as  he  may  designate,  and  such  institute  must  continue  in 
session  not  less  than  five  (5),  nor  more  than  fifteen  (15) 
days.  He  must  give  at  least  ten  (10)  days'  notice  of  the  time 
and  place  of  holding  such  institute  by  publication  in  some  news- 
paper published  in  the  county,  and  by  written  notice  to  each 
qualified  teacher  in  the  county ;  Provided :  That  two  or  more 
counties  may  unite  in  holding  a  joint  institute  under  the  joint 
supervision  of  the  county  superintendents  of  such  counties. 


46  IDAHO    SCHOOL    LAWS. 

Teachers  Must  Attend  Institute. 

SECTION  109.  Tt  is  the  duty  of  all  teachers  engaged  in  the 
county  and  of  all  persons  holding  certificates  to  attend  such 
institutes  at  least  five  (5)  days,  and  participate  in  the  exercises 
thereof,  and  all  teachers  who  may  have  charge  of  schools  at 
the  time  of  holding  the  annual  institute  must  adjourn  their 
schools  for  the  time  during  which  the  institute  is  held ;  Pro- 
vided :  That  when  joint  institutes  are  held  in  accordance  with 
the  provisions  of  the  preceding  section,  it  shaii  be  the  duty 
of  all  teachers  in  said  counties,  and  of  all  persons  holding  cer- 
tificates therein,  to  attend  such  joint  institute  at  least  five  (5) 
days. 

Teachers  of  Adjourned  Schools  to  Draw  Pay. 

SECTION  no.  All  teachers  who  may  adjourn  school  for 
the  purpose  of  attending  any  annual  county  or  jcrnt  institute 
must  be  allowed  the  same  pay  while  in  actual  attendance  as 
when  teaching,  and  the  County  Superintendent  must  certify 
to  the  number  of  days'  attendance  of  each  teacher,  and  the 
trustees  of  the  several  districts  must  count  them  as  so  many 
days  lawfully  employed. 

Conduct  and  Expenses  of  Institute. 

SECTION  in.  The  County  Superintendent  shall  procure 
the  services  of  one  or  more  competent  persons  to  assist  in 
conducting  said  institute;  he  must  also  provide  a  building, 
lights,  stationery,  janitor  service,  and  all  things  necessary  for 
the  holding  of  the  institute;  and  must  present  an  itemized  ac- 
count of  such  expenses,  not  to  exceed  One  Hundred  Fiftv  Dol- 
lars ($150)  exclusive  of  the  amount  received  from  fees  of 
applicants  for  teachers'  certificates,  to  the  auditor  of  his  county, 
which  sum,  or  as  much  thereof  as  may  be  need^.l,  is  hereby 
appropriated,  and,  upon  the  presentation  of  said  ii^rmzed  ac- 
count, the  county  auditor  shall  issue  a  warrant  on  the  current 
expense  fund  in  favor  of  the  County  Superintendent  equal  to 
the  amount  of  such  expenses,  and  the  county  auditor  shall  draw 
a  warrant  on  the  institute  fund  for  institute  fees,  upon  demand 
of  the  County  Superintendent;  Provided:  In  case  joint  in- 
stitutes are  held  as  provided  in  Section  109,  the  County  Super- 
intendents of  the  counties  holding  such  institutes  shall  each 
present  an  itemized  account  of  such  expenses,  as  aforesaid,  to 
to  the  auditor  of  his  county,  and  the  expenses  thereof  shall  be 
borne  equally  by  such  counties,  and  the  county  auditor  shall 
issue  a  warrant  in  favor  of  the  County  Superintendent  for  the 
part  chargeable  against  such  county. 


IDAHO    SCHOOL   LAWS.  47 

ARTICLE  XII. 

SUMMER  NORMAL  SCHOOLS. 
Commission  of  Summer  Normal  Schools. 

SECTION  112.  A  commission  of  summer  normal  schools  is 
hereby  created,  consisting  of  the  State  Superintendent,  the 
principal  of  the  Lewiston  State  Normal  School,  and  the  prin- 
cipal of  the  Albion  State  Normal  School,  which  commission  is 
hereby  authorized  to  establish  three  (3)  summer  normal 
schools.  One  of  these  said  schools  shall  be  held  in  Pocatello, 
one  in  Boise,  and  one  either  in  Coeur  d'Alene  or  in  Sandpoint, 
Idaho,  as  may  be  determined  by  the  commission,  and  at  such 
places  in  said  cities  as  said  commission  shall  select. 

Meetings  and  Officers  of  Commission. 

SECTION  113.  Said  commission  shall  hold  at  least  two  (2) 
regular  meetings  annually  the  first  week  in  February  and  the 
first  week  in  October,  the  place  to  be  designated  by  the  Super- 
intendent of  Public  Instruction,  who  shall  act  as  chairman  of 
the  commission.  Special  meetings  may  be  called  by  the  chair- 
man or  by  request  of  a  majority  of  the  commission.  The  com- 
mission shall  elect  a  secretary  from  their  own  number  at  their 
first  regular  meeting. 

Courses  of  Study. 

SECTION  114.  Said  commission  shall  determine  the  courses 
of  study,  fix  the  credit  students  shall  receive  for  work  per- 
*  formed  in  said  schools,  and  engage  a  principal  and  assistant 
instructors  for  each  of  said  schools,  but  no  member  of  the 
commission  shall  be  eligible  to  such  appointment.  Only  such 
instructors  shall  be  engaged  as  are  qualified  to  give  professional 
training  in  the  subjects  which  they  shall  be  employed  to  teach. 

Minutes  and  Report. 

SECTION  115.  The  secretary  shall  keep  an  accurate  record 
of  all  business  transacted  by  the  commission;  keep  on  file 
in  the  office  of  the  Superintendent  of  Public  Instruction,  a 
duplicate  itemized  bill  of  all  claims  allowed,  and  make  a  full 
and  complete  report  to  the  State  Board  of  Education  on  the 
Erst  day  of  November  of  each  year,  showing  items  allowed 
and  paid  from  the  "Summer  Normal  School  Fund." 

Annual  Term  of  Schools. 

SECTION  116.  The  length  of  the  annual  term  in  each  of 
said  schools  shall  be  not  less  than  six  (6)  weeks,  the  date 


48  IDAHO    SCHOOL   LAWS. 

of  opening  to  be  fixed  by  the  Commission  of  Summer  Nor- 
mal  Schools. 

Who  May  Receive  Instruction. 

SECTION  117.  Any  person  may  receive  instruction  in  said 
schools  who  is  a  teacher,  or  expects  to  become  a  teacher, 
in  the  State  of  Idaho,  or  any  other  person  desiring  such 
instruction,  by  paying  an  enrollment  fee  of  not  less  than  One 
Dollar  ($1.00),  and  otherwise  complying  with  the  regulations 
of  the  school. 

Summer  Normal  School  Fund. 

SECTION  118.  All  funds  appropriated  by  the  State  for  the 
maintenance  of  summer  normal  schools,  together  with  en- 
rollment fees,  shall  constitute  a  fund  known  as  the  "Summer 
Normal  School  Fund."  Said  commission  is  authorized  to 
expend,  in  accordance  with  law,  for  the  maintenance  of  each 
of  said  schools,  not  to  exceed  One  Thousand  Five  Hundred 
Dollars  ($1,500)  per  annum  of  the  money  appropriated  by 
the  State. 

Commission  May  Discontinue  School. 

SECTION  119.  In  case  the  annual  enrollment  of  any  one 
of  said  schools  shall  be  less  than  fifty  (50),  said  commission 
may  discontinue  said  school. 

Superintendent  to  Visit  Schools. 

SECTION  120.  It  shall  be  the  duty  of  the  Superintendent 
of  Public  Instruction  to  visit  each  of  said  schools  annually J 
and  inspect  the  work  clone. 

Use  of  Buildings  to  Be  Free. 

SECTION  121.  No  part  of  the  money  appropriated  by 
the  State  for  the  support  of  said  schools  shall  be  used  for  the 
payment  of  rent,  or  for  the  use  of  any  of  the  buildings  in 
which  said  schools  may  be  -held.  The  use  of  said  buildings 
shall  be  furnished  free  by  the  locality  where  said  schools 
are  held. 


IDAHO    SCHOOL   LAWS.  49 

ARTICLE  XIII. 
INDEPENDENT  SCHOOL  DISTRICTS. 

Organization  of  Districts. 

SECTION  122.  Whenever  any  school  district  within  this 
State,  as  defined  by  the  board  of  county  commissioners,  has 
within  its  limits  taxable  property  of  the  amount  of  One 
Hundred  Fifty  Thousand  Dollars  ($150,000)  or  over,  as 
shown  by  the  last  assessment  roll  for  the  county,  it  may  be 
organized  into  an  independent  school  district  upon  a  vote  of 
one-fifth  (1-5)  or  over  of  those  within  the  district  who  are 
qualified  to  vote  at  school  elections,  petitioning  the  said  board 
for  the  establishing  of  such  district  as  an  independent  school 
district;  and  if  a  greater  number  of  qualified  voters  do  not 
remonstrate  against  such  establishment,  the  board  must  clearly, 
by  its  order  of  record,  define  the  boundaries  of  such  district, 
if  not  already  done,  and  within  one  (i)  month  order  that 
the  question  of  so  establishing  such  independent  school  district 
must  be  submitted  to  a  vote  of  all  the  electors  of  the  district, 
who,  under  the  provisions  of  this  Chapter,  are  authorized  to 
vote  for  the  levy  of  taxes  and  issue  of  bonds,  and  must  make 
the  necessary  arrangements  for  such  election,  giving  at  least 
twenty  (20)  days'  notice  thereof,  and  the  time  and  the  place 
of  holding  the  same.  If  a  majority  of  those  so  voting  vote  in 
favor  of  so  organizing  such  independent  district,  said  board 
must  make  its  order  of  record  and  declare  such  district 
established,  and  designate  it  as  the  "Independent  School  Dis- 
trict (state  name  and  number  of  district),  in 

County,  Idaho." 

Corporate  Powers. 

SECTION  123.  The  district  so  established  is  constituted  a 
body  corporate,  and  succeeds  to  the  title  of  all  property  rights 
and  privileges,  and  assumes  and  must  discharge  and  pay  all 
debts,  obligations  and  duties  belonging  to  or  devolving  upon 
the  old  district  or  districts  of  which  it  is  so  formed  and  estab- 
lished, and  by  its  corporate  name  it  may : 

1.  Make  contracts,  sue,  and  be  sued. 

2.  Take,  hold,  and  convey  such  real  and  personal  property 
only  as  is  needed  for  actual  school  purposes. 

3.  Have  a  corporate  seal. 

4.  Choose  such  officers  as  are  herein  provided  for. 


SO  IDAHO    SCHOOL   LAWS. 

Board  of  Trustees. 

SECTION  124.  The  officers  of  such  district  shall  consist  of  a 
board  of  trustees,  composed  of  six  (6)  qualified  electors  who 
are  resident  freeholders  within  the  district.  The  first  board 
of  trustees  must  be  appointed  by  the  board  of  county  commis- 
sioners immediately  after  the  district  is  so  established  and 
shall  hold  their  offices  for  terms  as  follows,  to-wit:  Two 
(2)  until  the  next  school  election  under  the  provisions  hereof; 
two  (2)  for  one  (i)  and  two  (2)  for  two  (2)  years  after 
such  election,  and  until  their  successors  are  elected  and  quali- 
fied. Said  board  so  appointing  must  designate  the  term  of 
each  trustee  so  appointed. 

Election  of  Trustees. 

SECTION  125.  (a).  There  must  be  an  election  for  two  (2) 
members  of  the  board  of  trustees,  to  be  held  on  the  first  Tues- 
day of  September  following  the  establishment  of  such  district, 
and  annually  thereafter  an  election  must  be  held  to  elect  two 
(2)  trustees.  The  clerk  of  the  board  must  give  at  least  ten 
(10)  days'  notice  of  the  time  and  the  place  of  such  election 
by  publication  in  a  newspaper,  and  by  three  (3)  posted  notices 
in  the  district,  and  at  all  elections  under  this  Article,  voters 
must  have  the  same  qualifications  as  prescribed  for  the  general 
elections  in  this  State.  At  such  elections,  any  person  offering 
lo  vote  may  be  challenged  and  required  to  take  all  oaths  re- 
quired for  voters  at  the  general  elections  in  this  state,  and  on 
refusing  to  take  such  oath  must  not  be  allowed  to  vote.  The 
board  of  trustees  may  appoint  for  all  such  elections  two  (2) 
judges  and  one  (i)  clerk.  Voting  must  be  by  secret  ballot, 
such  ballots  and  list  of  votes  to  be  kept  for  sixty  (60)  days  by 
the  secretary  of  said  school  board,  and  if,  upon  counting  the 
ballots,  there  is  a  tie  arid  three  qualified  persons  have  the 
highest  and  an  equal  number  of  votes,  the  board  of  trustees 
must  select  two  (2)  from  the  three  (3),  and  when  there  is 
a  failure  to  elect  by  reason  of  a  tie  vote,  the  board  of  trustees 
must  select. 

(b).  If  any  trustee  dies,  removes  from  the  district,  or 
ceases  to  have  the  qualifications  for  such  office,  or  for  any 
cause  his  office  is  vacant,  or  he  neglects  or  refuses  to  act,  or 
without  excuse  ceases  to  attend  the  meetings  of  the  board  for 
four  (4)  successive  regular  meetings  thereof,  his  office  thereby 
becomes  vacant  and  a  majority  of  said  board  of  trustees  may 
appoint  another  qualified  person  to  fill  his  unexpired  term. 


IDAHO    SCHOOL   LAWS.  51 

Prohibition  Against  Contracts  With  Trustees. 

SECTION  126.  No  trustees  shall  be  interested  directly  01  in- 
directly in  any  contract  let,  or  made  by  or  with  the  board, 
or  with  any  officer  thereof,  or  in  any  supplies  furnished  to  or 
for  said  district,  or  a  surety  for  the  performance  of  any  con- 
tract with  said  board  or  district,  or  the  agent  or  partner  of 
any  contractor  with  said  board  or  district ;  and  no  action  can  be 
maintained  or  recovery  had  against  said  board  or  district 
upon  any  contract  or  obligation  in  which  any  trustee  is  so 
interested,  but  the  same  is  void. 

Qualification  and  Organization  of  Board. 

SECTION  127.  Each  trustee  shall,  before  entering  upon  the 
duties  of  his  office,  take  and  subscribe  the  official  oath,  which 
must  be  filed  with  the  County  School  Superintendent.  Im- 
mediately after  the  appointment  of  such  trustees  by  the  board 
of  county  commissioners,  as  above  provided,  and  after  each 
annual  election,  the  trustees,  or  a  majority  thereof,  shall  meet 
at  the  school  house  and  organize  as  a  board,  and  from  their 
number  shall  select  a  chairman,  a  clerk,  and  a  treasurer,  or  they 
may  elect  as  treasurer  some  competent  and  responsible  per- 
son who  is  not  a  trustee,  and  said  treasurer  shall  be  required 
to  deposit  the  school  moneys  in  such  bank  or  banks  as  will 
pay  the  highest  rate  of  interest  on  daily  balances,  dividing  the 
money  to  two  or  more  banks  if  the  same  offer  the  same  rates  of 
interest.  Said  trustees  of  independent  school  districts  may 
provide  pay  or  compensation  for  the  clerk,  but  no  other  school 
officer  whatever  shall  receive  any  pay  or  compensation  for 
his  time  or  services  or  in  any  way  be  allowed  to  make  any 
pecuniary  profit  or  gain  by  reason  of  his  office,  and  any  school 
officer  or  person  who  has  the  custody  in  any  way  of  any  school 
funds  shall  give  bonds,  with  at  least  two  (2)  good  sureties 
in  double  the  amount  of  funds  likely  at  any  time  to  be  in  his 
custody. 

Meetings  of  Board. 

SECTION  128.  Regular  meetings  of  the  board  of  trustees 
shall  be  held  on  the  second  Monday  of  each  month,  and  special 
meetings  may  be  called  by  the  chairman  of  the  board,  or  by 
any  two  (2)  trustees,  by  personal  notice  of  the  time  and  the 
place  of  such  meetings  to  each  member  of  the  board,  or,  if  he 
cannot  be  found,  by  leaving  such  notice  at  his  place  of  resi- 
dence with  some  person  of  suitable  age  and  discretion.  Four 
(4)  trustees  constitute  a  quorum  for  the  transaction  of  any 
business,  but  a  less  number  may  adjourn  any  regular  meeting 


52  IDAHO    SCHOOL   LAWS. 

from  time  to  time,  until  a  quorum  can  be  obtained,  but  no 
meeting  of  the  board  not  provided  for  by  the  rules  or  by  law 
is  legal  unless  all  the  members  thereof  have  been  notified  as 
provided  for  in  this  section. 

Duties  and  Powers  of  Trustees. 

SECTION  129.     The  board  of  trustees  of  said  district  shall 
have  power,  and  it  is  their  duty : 

(a)  Independent  Districts  (General). 

1.  To  make  such  by-laws  for  their  own  government  and 
for  the  government  of  the  schools  of  the  district  as  they  may 
deem  expedient,  not  inconsistent  with  the  provisions  of  this 
Chapter ; 

2.  To  employ  or  discharge  teachers,  mechanics,  and  labor- 
ers, and  to  fix,  allow,  and  order  paid  their  salaries  and  compen- 
sation; and  to  determine  the  rate  of  tuition  for  non-resident 
pupils,  and  to  withhold  the  salary  of  a  teacher  when  the  County 
Superintendent  notifies  the  board  that  the  teacher  does  not 
hold  a  valid  certificate; 

3.  To  levy  a  special  tax,  if  necessary,  which,  when  added  to 
money  apportioned  by  the  County  Superintendent  of  Schools, 
will  be  sufficient  to  provide  funds  for  the  maintenance  of  the 
schools  for  nine   (9)  months  in  each  year;  the  special  taxes 
levied  by  said  board  of  trustees  for  the  payment  of  interest 
on  bonds  and  sinking  fund,  for  oayment  of  bonds  at  maturity, 
together  with  the  levy  for  the  maintenance  of  schools,  shall 
not  exceed. twenty  (20)  mills  on  the  Dollar;  Provided:  That 
districts  maintaining  rural  school  routes  may  levy  a  tax  in 
addition  to  the  aforesaid  twenty  (20)  mills  sufficient  to  main- 
tain the  said  rural  school  routes,  said  tax  for  school  routes 
not  to  exceed  ten  (10)  mills; 

4.  To  provide  furniture,  fixtures,  apparatus,  library,  and 
everything  needed  in  the  school  house  or  for  the  use  of  the 
board ; 

5.  To  rent,  repair,  and  insure  school  houses  and  property, 
and  preserve  the  same  for  the  benefit  of  the  schools  of  the 
district; 

6.  To  build  or  remove  school  houses  and  buildings  and  to 
purchase  or  sell  school  lots; 

7.  To  expel  pupils  from  school  who  refuse  to  obey  the 
rules  thereof,  and  to  exclude  from  school  children  under  six 
(6)   years  of  age; 


IDAHO    SCHOOL   LAWS.  53 

8.  To  determine  the  number  and  qualifications  of  teachers 
who  shall  be  employed,  to  determine  if  school  shall  be  main- 
tained for  more  than  nine  (9)  months,  to  fix  the  date  of  the 
beginning  of  the  school  year,  to  determine  the  length  of  the 
school  day,  and  to  provide  for  the  dismissal  of  primary  pupils 
before  the  regular  time  of  closing  school; 

9.  To   require   pupils   to   be   furnished   with   proper  and 
suitable  books  and  supplies  as  a  condition  of  membership  in 
the  schools; 

TO.  To  exclude  from  the  schools  and  school  libraries  of 
said  district  all  books,  papers  and  catechisms  of  a  sectarian 
nature ; 

11.  To  require  teachers  to  conform  to  the  law  of  the  State 
and  regulations  of  the  school  board; 

12.  To  protect  the  morals  and  health  of  the  pupils  while 
at  school. 

(b)  Independent  School  Districts  (Class  A). 

When  an  independent  school  district  shall  employ  thirty- 
five  (35)  or  more  teachers,  it  shall  be  known  as  an  Inde- 
pendent District  of  Class  A,  and  shall  have,  in  addition  to 
the  above  enumerated  powers  and  duties,  the  following  spe- 
cial powers  and  duties: 

1.  To  adopt  a  course  of  study  for  their  system  of  schools 
other  than  the  State  course  if  they  so  elect,  and  to  prescribe 
the  examinations,  tests,  and  qualifications  necessary  for  pupils 
to  enter  the  various  grades  of  the  elementary  school  and  of 
the  high  school. 

2.  To  adopt  text-books  for  their  system  of  schools,  and 
to  make  such  contracts  with  the  publishers  as  shall  seem  for 
the  best  interests  of  the  district;  Provided:  That  this  section 
shall  not  operate  to  destroy  any  contract  now  in  force,  but 
shall  operate  in  the  selection  of  books  for  which  the  district 
is  not  now  under  contract,  and  shall  operate  in  the  selection 
of  all  books  on  and  after  September  i,  1913. 

3.  To  employ  a  superintendent  of  schools  for  a  term  not 
to  exceed  three  (3)  years,  who  shall  be  the  executive  officer 
of  the  board,  with  such  powers  and  duties  as  they  may  pre- 
scribe, together  with  such  powers  and  duties  as  are  now  or 
may  hereafter  be  prescribed  by  the  laws  of  the  State,  to  fix, 
allow  and  order  paid  his  salary,  and  to  discharge  said  super- 
intendent for  incompetency,  immorality,  or  gross  neglect  of 
duty. 


54  IDAHO    SCHOOL   LAWS. 

Issuance  of  Funding  Bonds. 

SECTION  130.  The  board  of  trustees  of  any  independent 
school  district,  organized  under  any  general  or  special  law, 
may  issue  negotiable  coupon  bonds  of  their  district  for  the 
purpose  of  paying,  redeeming  or  refunding  the  principal  of 
ciny  of  the  outstanding  bonded  indebtedness  of  their  district, 
whenever  the  same  can  be  done  to  the  profit  or  advantage  of 
the  district  and  without  the  district  incurring  any  additional 
indebtedness  or  liability  exceeding  in  any  year  the  income  or 
revenue  provided  for  such  year.  Said  bonds  must  bear  in- 
terest at  a  rate  not  exceeding  six  (6)  per  centum  per  annum, 
payable  semi-annually  at  the  office  of  the  treasurer  of  the 
district,  or  at  such  banking  house  in  the  City  of  New  York  as 
may  be  designated  by  the  board  of  trustees ;  and  the  principal 
of  said  bonds,  or  any  part  thereof,  may,  at  the  option  of  the 
district,  be  paid  at  any  time  after  ten  (10)  years,  and  must 
be  paid  within  twenty  (20)  years  from  the  time  they  are 
issued,  and  in  the  order  in  which  they  are  issued  and  numbered. 
Semi-annual  interest  coupons  covering  the  interest  to  become 
due  must  be  attached  to  each  bond ;  the  bonds  must  be  signed 
by  the  presiding  officer  of  the  board  and  attested  by  its  sec- 
'•etary  and  the  seal  of  the  district,  if  it  has  a  seal,  and  the 
coupons  must  be  signed  and  the  bonds  registered  by  the  treas- 
urer of  the  board.  No  bond  shall  be  sold  at  less  than  its 
par  value,  and  the  proceeds  thereof  must  be  devoted  to  the 
payment,  redemption,  or  refunding  of  the  outstanding  bonded 
indebtedness  of  the  district. 

Dr.iginal  Bond  Elections. 

SECTION  131.  The  Board  of  Trustees  of  any  Independent 
District  may,  whenever  two-thirds  (2-3)  of  the  Board 
so  decide,  submit  to  the  qualified  electors  of  the  State  of 
Idaho,  who  are  resident  freeholders  or  householders  of  the 
district,  at  an  election  to  be  held  for  that  purpose  and.  to  be 
called  and  conducted  as  other  school  elections  in  said  district, 
the  question  whether  the  Board  shall  be  authorized  to  issue 
the  negotiable  coupon  bonds  of  the  district  in  an  amount  to 
be  mentioned  in  the  notice  of  election,  for  the  purpose  of 
providing  and  improving  schoolhouses  and  grounds  and  furni- 
ture, apparatus,  and  fixtures  for  said  district,  or  for  any  or 
either  of  said  purposes;  and  if  at  such  election  two-thirds  (2-3) 
of  the  qualified  electors  of  said  district  voting  at  said  election 
assent  thereto,  the  Board  of  Trustees  may  issue  such  bonds 
of  the  district  to  the  amount  and  for  the  purpose  designated 


IDAHO    SCHOOL   LAWS.  55 

in  said  notice,  which  bonds  shall  be  in  all  respects  similar  to, 
and  shall  be  signed,  negotiated,  registered,  bear  interest,  and 
be  made  payable  as  the  bonds  provided  for  in  the  last  pre- 
ceding section;  and  no  bond  shall  be  sold  for  less  than  its 
par  value,  and  the  proceeds  thereof  must  be  devoted  to  the 
purposes  mentioned  in  said  notice. 

Tax  Levy  for  Payment  of  Bonds. 

SECTION  132.  The  Board  of  Trustees  of  any  such  district 
that  has  issued  bonds  under  either  of  the  last  two  preceding 
sections  must  annually  levy  upon  all  taxable  property  of  the 
district,  in  addition  to  other  authorized  taxes,  a  tax  sufficient 
to  pay  the  interest  on  all  bonds  so  issued  as  it  falls  due,  and 
also  to  constitute  a  sinking  fund  for  the  payment  of  the  prin- 
cipal thereof  within  twenty  (20)  years  from  the  time  the 
bonds  are  issued;  which  taxes  shall  be  levied,  assessed,  col- 
lected and  paid  over  in  the  district,  and  shall  be  devoted  to 
the  payment  of  the  principal  and  the  interest  of  said  bonds 
only;  and  the  accumulated  sinking  fund  may  be  used  for  the 
redemption  of  said  bonds  at  any  time  after  ten  years  from  the 
date  of  their  issue. 

Application  of  School  Law. 

SECTION  133.  All  the  provisions  of  this  chapter  provid- 
ing for  a  public  school  system,  wherein  not  contradictory  to 
or  inconsistent  with  the  provisions  of  this  article,  and  which 
may  be  made  applicable  to  the  objects  thereof,  are  adopted 
as  a  part  of  the  law  governing  the  establishment  and  man- 
agement of  Independent  School  Districts.  All  the  provisions 
of  this  Code  applicable  to  Independent  School  Districts  shall 
also  apply  to  Special  Independent  School  Districts. 


ARTICLE  XIV. 
RURAL  HIGH  SCHOOLS. 
Petition. 

SECTION  134.  That  when  the  heads  of  a  majority  of  the 
families  residing  in  each  of  tw7o  or  more  regularly  organized 
school  districts  in  this  State,  not  having  within  their  limits 
an  incorporated  city,  shall  petition  the  board  of  county  com- 
missioners of  their  county  to  unite  them  into  a  rural  high 
high  school  district,  for  the  purpose  of  maintaining  a  rural 
high  school  therein,  the  said  board  of  county  commissioner; 


S  IDAHO    SCHOOL   LAWS. 

shall  submit  the  question  to  a  vote  of  the  qualified  electors  of 
the  districts  so  petitioning  at  a  special  election  called  for  that 
purpose,  within  sixty  days  from  the  date  of  the  receipt  of  such 
petition;  Provided:  That  the  proposed  rural  high  school  dis- 
trict shall  not,  except  with  the  unanimous  consent  of  the  board 
of  county  commissioners,  embrace  a  greater  territory  than  that 
included  within  a  six-mile  radius  from  the  proposed  center  of 
the  district. 

Election. 

SECTION  135.  At  the  election  provided  for  in  Section  134 
of  this  Act,  each  district  shall  vote  separately  in  its  own  school 
house  or  other  place  within  such  district  designated  in  the 
notice  of  election,  and  the  vote  in  each  district  shall  determine 
if  the  district  shall  become  united  with  other  districts,  to  form 
the  aforesaid  rural  high  school  district.  Three  notices  of  elec- 
tion shall  be  posted  in  each  district  ten  (10)  days  prior  to  the 
day  of  election,  one  of  which  notices  shall  be  upon  the  door  of 
the  school  house.  The  elections  shall  be  conducted  in  all  re- 
spects as  provided  by  law  for  the  election  of  school  trustees, 
and  the  ballots  shall  have  printed  thereon  "For  Rural  High 
School— Yes,"  and  "For  Rural  High  School— No" ;  Provided : 
That  all  elections  in  the  several  districts  shall  be  upon  the 
same  day  and  between  the  same  hours.  The  returns  of  said 
•elections  shall  be  certified  by  the  local  school  board  in  each 
district  to  the  chairman  of  the  board  of  county  commissioners. 

Trustees. 

SECTION  136.  (a).  If,  in  the  judgment  of  the  county  com- 
missioners, a  sufficient  number  of  districts  shall  have  signified 
by  their  majority  vote  a  desire  to  form  a  rural  high  school  dis- 
trict, the  county  commissioners  shall  form  such  rural  high 
school  district,  designating  it  as  "Rural  High  School  District 

No. of County,  Idaho",  and  shall  so 

certify  to  the  Board  of  Trustees  of  the  district  at  the  time  of 
their  appointment,  and  within  thirty  (30)  days  of  the  election 
provided  for  in  Section  134  of  this  article,  shall  appoint  a 
board  of  five  ( 5  )  trustees  from  among  the  resident  free  holders 
or  heads  of  families  of  the  said  rural  high  school  district,  one 
urtil  the  next  election  under  the  provisions  hereof,  one  for  two 
(2)  years,  one  for  three  (3)  years,  one  for  four  (4)  years, 
and  one  for -five  (5)  years.  On  the  first  Tuesday  in  Septem- 
ber of  each  year  thereafter  the  qualified  electors,  voting  at  a 
central  place  in  the  rural  high  school  district,  shall  elect  one 
trustee  for  a  term  of  five  (5)  years. 


IDAHO    SCHOOL   LAWS.  57 

(b).  The  said  board  of  trustees  shall  subscribe  the  official 
oath  for  school  board  members  within  ten  (10)  days  of  their 
appointment  or  election  and  shall  file  the  same  with  the  County 
Superintendent. 

(c).  Within  ten  (10)  days  after  their  election  and  appoint- 
ment, the  said  board  shall  meet  and  organize  as  the  Board  of 
Trustees  of  such  rural  high  school  district,  by  electing  one  of 
their  number  president  and  by  electing  a  clerk  or  secretary 
who  may  or  may  not  be  one  of  their  number. 

(d)  Provided:  That  in  rural  high  school  districts  or- 
ganized prior  to  the  passage  of  this  Act,  the  chairman  of  the 
local  boards  forming  such  rural  high  school  districts  shall  cease 
to  act  as  a  board  of  trustees  for  such  district  on  and  after  the 
first  Tuesday  in  September,  1911,  and  the  commissioners  shall 
appoint,  after  the  manner  and  terms  aforesaid  in  this  article,  a 
board  to  serve  in  their  stead,  and  annually  thereafter  shall  be 
held  an  election  of  one  ( i )  trustee  and  procedure  had  as  pro- 
vided in  this  section. 

Meetings  and  Powers. 

SECTION  137.  The  other  regular  meetings  of  the  board 
of  trustees  shall  be  held  on  the  Tuesday  following  the  last  Sat- 
urday in  March,  June,  September,  and  December  of  each  year. 
The  board  may,  however,  hold  special  or  adjourned  meetings 
as  they  may  from  time  to  time  determine. 

The  Board  Shall  Have  Power: 

(a).     To  supervise  and  visit  the  school; 

(b).  To  admit  all  children  of  the  district  above  the  eighth 
grade,  and  to  admit  and  provide  rates  of  tuition  for  non-resi- 
dent pupils,  if  they  so  elect; 

(c).  To  appoint  legally  qualified  teachers,  and  to  fix,  allow, 
and  order  paid  their  salaries ; 

(d).  To  fix  wages,  make  general  rules  and  regulations  fot 
the  control  of  the  school,  suspend  or  expel  pupils,  fix  the 
term  of  school,  which  shall  not  be  more  than  ten  (10)  months 
nor  less  than  seven  (7)  months  in  any  one  (i)  year; 

(e).  To  rent  or  to  purchase  and  hold  real  estate  for  such 
district  high  school,  build  and  furnish  school  houses,  deter- 
mine location  of  grounds  and  buildings,  which  shall  be  as  near 
the  center  of  the  district  as  practicable,  according  to  the  sani- 
tary conditions,  and  to  receive  and  hold  bequests  and  gifts  for 
the  benefit  of  the  school,  and  to  dispose  of  property  belonging 
to  the  district,  subject  to  the  provisions  hereinafter  named; 


58  IDAHO    SCHOOL   LAWS. 

(f).  To  provide  a  course  of  study  which  shall  be  approved 
by  the  State  Board  of  Education,  which  course  shall  not  con- 
sist of  more  than  four  (4)  years'  work  beyond  the  eighth 
grade  of  the  common  schools ;  such  course  of  study  shall  include 
instruction  in  manual  training,  domestic  science,  nature  study, 
and  the  elements  of  agriculture ; 

(g).  To  estimate  and  vote  the  amount  of  tax  necessary 
to  support  the  school,  at  a  meeting  previous  to  September  first 
in  each  year,  and  report  the  same  to  the  Board  of  County  Com- 
missioners, which  amount  may  include  the  cost  of  transpor- 
tation of  students,  and  the  creation  of  a  sinking  fund  for  the 
payment  of  principal  and  interest  of  bonds  issued,  if  any,  and 
shall  be  spread  upon  the  tax  roll  the  same  as  other  district 
taxes,  and  in  their  discretion  to  issue  warrants  drawing  legal 
interest  for  current  expenses,  the  amount  of  which  warrants 
shall  not  exceed  fifty  (50)  per  cent  of  the  tax  voted; 

(h).  To  call  special  elections  or  meetings  of  the  district, 
if  necessary,  to  vote  the  amount  of  money  to  be  raised  for  the 
purchase  of  grounds  and  erection  and  equipment  of  buildings, 
and  for  such  other  purposes  as  may  be  necessary  within  the 
authority  of  the  provisions  of  this  Act,  or  of  the  general  school 
laws. 

Duties. 

SECTION  138.  The  duties  of  the  officers  of  the  hoard  shall 
be  the  same  as  is  prescribed  by  law  for  similar  officers  of  other 
boards  of  school  trustees,  and  in  addition  thereto,  the  clerk 
or  the  secretary  shall  certify  to  the  County  Superintendent, 
quarterly,  the  number  of  teachers  that  are  regularly  employed 
in  said  school. 

Bonds. 

SECTION  139.  A  majority  of  the  qualified  electors  of  such 
rural  high  school  district  may  vote  bonds  in  any  legal  amount, 
the  proceeds  to  be  spent  in  purchasing,  building,  or  equipping 
such  high  school  and  grounds.  The  election  held  for  this  pur- 
pose shall  be  conducted  in  all  respects  as  provided  by  the  laws 
of  Idaho  for  similar  purposes;  Provided:  That  the  bonds  so 
voted  and  issued  shall  not  run  longer  than  twenty  (20)  years, 
nor  draw  a  rate  of  interest  higher  than  six  (6)  per  cent  per 
annum. 

Supervision. 

SECTION  140.  The  high  schools  established  under  the  pro- 
visions of  this  Act  shall  be  under  the  supervision  of  the  State 


IDAHO    SCHOOL   LAWS.  59 

Board  of  Education,  and  all  questions  of  management,  support, 
and  control  arising  under  the  provisions  of  this  Act,  and  not 
expressly  provided  for  herein,  shall  be  subject  to  the  provisions 
of  the  general  laws  of  the  State. 

Segregation. 

SECTION  141.  When  two-thirds  of  those  who  are  heads  of 
families  and  residents  of  any  regularly  organized  school  dis- 
trict joined  to  a  rural  high  school  district  shall  present  a  peti- 
tion to  the  board  of  county  commissioners  showing  that  it  is 
to  the  best  interests  of  the  said  regularly  organized  school 
district  to  be  segregated  from  the  rural  high  school  to  which 
said  regularly  organized  district  is  joined,  it  shall  be  lawful  for 
the  said  board,  if  they  unanimously  agree,  to  segregate  said 
petitioning  sub-district  from  said  rural  high  school  district. 
Any  regularly  organized  school  district  so  segregated  shall 
forfeit  its  rights  to  any  portion  of  the  moneys  of  and  to  any 
claims  upon  the  property  of  the  said  rural  high  school  district; 
Provided :  That  the  aforesaid  petition  shall  be  filed  in  the  office 
of  the  County  Superintendent  fifteen  (15)  days  prior  to  the 
quarterly  meeting  of  the  board  of  county  commissioners. 


ARTICLE  XV. 
PREVENTION  OF  DISEASE. 

SECTION  142.  The  owner,  or  agent  of  the  owner  of  a  house 
in  which  a  person  resides  who  has  smallpox,  diptheria,  scarlet 
fever,  or  any  other  contagious  or  infectious  disease,  dangerous 
to  the  public  health,  and  the  physician  called  to  attend  the  per- 
son or  persons  so  affected  shall,  within  twenty- four  (24)  hours 
after  becoming  cognizant  of  the  fact,  give  notice  thereof  to  the 
clerk  of  the  board  of  trustees  of  the  school  district  in  which 
said  person  so  afflicted  resides,  and  said  person  so  afflicted 
shall  be  kept  away  and  apart  from  all  other  persons  except 
those  whose  presence  may  be  necessary  to  the  physical  or 
spiritual  wellbeing  of  such  person  or  persons. 

Exclusion  of  Pupils  From  Infected  Households. 

SECTION  143.  The  school  trustees  of  the  various  school 
districts  in  the  State  shall  not  allow  any  pupil  to  attend  the 
public  schools  while  any  member  of  the  household  to  which 
such  pupil  belongs  is  sick  of  smallpox,  diptheria,  scarlet  fever, 
or  other  contagious  or  infectious  disease,  dangerous  to  the 


60  IDAHO    SCHOOL   LAWS. 

public  health,  or  during  the  period  of  two  (2)  weeks  after  the 
death,  recovery,  or  removal  of  such  sick  person ;  and  any  pupil 
coming  from  such  household  shall  be  required  to  present  to 
the  teacher  of  the  school  the  pupil  desires  to  attend,  a  cer- 
tificate from  the  attending  physician  of  the  facts  necessary  to 
entitle  him  to  admission  in  accordance  with  the  above  regu- 
lations. 

Disinfection  of  Textbooks. 

SECTION  144.  Whenever  any  text  book  or  books  belonging 
to  any  school  district  shall  be  in  the  house  during  the  time 
that  pupils  residing  in  such  house  are  prevented  from  attend- 
ing the  public  school  in  accordance  with  the  provisions  of  this 
Article,  such  book  or  books  shall  not  be  returned  to  such  public 
school  until  the  same  shall  have  been  thoroughly  disinfected 
under  the  direction  of  the  attending  physician,  who  shall  certify 
the  same  to  the  teacher  of  said  school,  or  to  the  clerk  of  the 
board  of  trustees  in  case  the  school  is  not  in  session  at  such 
time. 

Violation  of  Article  a  Misdemeanor. 

SECTION  145.  Any  school  trustee  or  other  person  violating 
any  of  the  provisions  of  this  article  shall  be  deemed  guilty  of 
a  misdemeanor. 


ARTICLE  XVI. 
COMPULSORY  EDUCATION. 

The  Law. 

SECTION  146.  The  compulsory  education  law  shall  be  the 
provisions  of  Section  160,  of  Article  XVII  of  this  Act.  To 
render  the  same  more  effective,  the  following  is  prescribed : 

Publish  Law. 

SECTION  147.  It  shall  be  the  duty  of  the  County  Super- 
intendent to  publish  this  law  for  four  (4)  weeks  in  at  least 
two  (2)  newspapers  in  the  county  before  the  opening  of  school 
in  September.  The  County  Superintendent  shall  also  have  the 
law  printed  on  large  sheets  of  board  and  shall  cause  the  same 
to  be  placarded  wherever  necessary. 

Census  List. 

SECTION  148.  It.  shall  be  the  duty  of  the  clerk  of  the  board 
of  school  trustees  of  each  district,  on  or  before  the  third  Mon- 


IDAHO    SCHOOL   LAWS. 

day  in  September,  to  furnish  or  cause  to  be  furnished  to  the 
head  teacher  of  the  schools  in  his  district  a  list  of  all  the  chil- 
dren in  the  school  district  between  the  ages  of  eight  (8)  and 
eighteen  (18)  years,  said  list  to  be  taken  from  the  report  of 
the  school's  census  marshal  for  the  current  year. 

Duty  of  Teachers. 

SECTION  149.  It  shall  be  the  duty  of  the  head  teacher  of 
each  district  to  check  or  cause  to  be  checked  the  enrollment  of 
the  school  against  the  report  furnished  by  the  clerk  as  afore- 
said, and  to  report  to  the  County  Superintendent  all  pupils  not 
in  attendance  who  are  within  the  ages  of  eight  (8)  and  eigh- 
teen (18)  and  who  have  no  release  from  school. 

(b).  At  the  beginning  of  each  month  thereafter  it  shall 
be  the  duty  of  such  head  teacher  to  report  to  the  County  Super- 
intendent, the  names  of  all  children  between  eight  (8)  and 
eighteen  (18)  not  bearing  releases  who  failed  to  attend  school 
during  the  preceding  month.  It  shall  be  the  duty  of  the  County 
Superintendent  to  refuse  to  countersign  the  teachers'  warrants 
until  such  reports  are  made  as  herein  provided ;  Provided : 
That  districts  having  a  Superintendent  of  Schools  shall  not  re- 
port to  the  County  Superintendent  but  shall  proceed  through 
their  District  Superintendent  in  the  same  manner  as  herein 
provided  for  County  Superintendents. 

Duty  of  County  Superintendents. 

SECTION  150.  Upon  the  receipt  of  such  report  the  County 
Superintendent  shall  promptly  give  to  the  probation  officer  the 
names  of  all  pupils  who  do  not  bear  releases  from  school  is- 
sued by  proper  authority. 

Duty  of  Probation  Officers. 

SECTION  151.  The  probation  officer  shall  serve  due  notice 
upon  the  parents  and  guardians  to  place  such  children 
in  school.  If  said  children  are  not  placed  within  school  within 
a  reasonable  time  and  are  not  entitled  to  bear  a  release,  then 
the  child  and  the  parent  or  guardian  shall  be  proceeded  against 
as  provided  in  the  laws  for  the  correction  of  delinquent  chil- 
dren. It  shall  be  the  duty  of  the  probation  officer  to  prefer 
such  complaints. 


62  IDAHO    SCHOOL   LAWS. 

ARTICLE  XVII. 

PROCEEDINGS  FOR  THE  CORRECTION  OF  DELIN- 
QUENT CHILDREN. 

Delinquent  Child  Defined. 

SECTION  152.  This  Act  shall  apply  only  to  children  under 
the  age  of  eighteen  (18)  years  not  inmates  of  a  state  institu- 
tion, or  any  institution  incorporated  under  the  laws  of  the 
State,  for  the  care  and  correction  of  delinquent  children.  The 
record  of  the  census  made  by  the  clerk  of  the  school  district 
where  any  child  was  last  enumerated  shall  be  prima  facie  evi- 
dence of  the  age  of  such  child  for  the  purposes  of  this  Act. 
The  words  "delinquent  child"  shall  include  any  child  under  the 
age  of  eighteen  (18)  years  who  violates  any  law  of  this  State, 
or  any  city  or  village  ordinance ;  or  who  is  incorrigible  or  who 
knowingly  associates  with  thieves,  vicious,  or  immoral  persons ; 
or  who  is  growing  up  in  idleness  or  crime,  or  who  knowingly 
visits  or  enters  a  house  of  illfame ;  or  who  knowingly  patronizes 
or  visits  any  policy  shop  or  where  gambling  device  is,  or 
shall  be  operated;  or  who  patronizes  or  visits  any  pool  room 
or  bucket  shop,  or  who  wanders  the  streets  in  the  night  time 
without  being  on  any  lawful  business  or  occupation;  or  who 
habitually  wanders  about  any  railroad  yard  or  tracks,  or  who 
jumps  or  hooks  on  to  any  moving  train,  or  enters  any  car  or 
engine  without  lawful  authority;  or  who  habitually  uses  vile, 
obscene,  vulgar,  profane,  or  indecent  language,  or  is  guilty  of 
immoral  conduct  in  public  places  or  about  any  school  house. 
Any  child  committing  any  of  the  acts  herein  mentioned  shall 
be  deemed  a  juvenile  delinquent  person,  and  shall  be  proceeded 
against  as  such  in  the  manner  hereinafter  provided.  A  dis- 
position of  any  child  under  this  Chapter,  or  any  evidence 
given  in  such  cause  shall  not,  in  any  civil,  criminal  or  other 
cause  or  proceeding  whatever  in  any  court,  be  lawful  or  proper 
evidence  against  such  child  for  any  purpose  whatever,  except- 
ing in  subsequent  cases  against  the  same  chilj  under  this 
Chapter.  The  word  "child"  or  "children"  may  mean  one  or 
more  children,  or  the  word  "parent"  or  "parents"  may  mean 
one  or  both  parents  when  consistent  with  the  intent  of  this 
Chapter. 

Jurisdiction  of  Probate  Court;  Records  and  Reports. 

SECTION  153.  The  Probate  Courts  of  the  several  counties 
in  this  State  shall  have  jurisdiction  in  all  cases  coining  within 


IDAHO     SCHOOL   LAWS.  3 

the  terms  and  provisions  of  this  Chapter.  Record  hocks  shall 
be  kept  by  the  Court  for  all  cases  coming  within  the  pro- 
visions of  this  Chapter  to  be  known  as  "The  Juvenile  Record", 
and  the  docket  or  calendar  of  the  Court  upon  which  there  shall 
appear  the  case  or  cases  under  the  provisions  of  this  Chapter 
shall  be  known  as  "The  Juvenile  Docket."  Beuveen  the  firs1- 
and  thirtieth  days  of  October  of  each  year  tbe  Court  shall 
submit  to  the  Governor  a  report  in  writing,  upon  blanks  to  be 
furnished  by  the  State,  showing  the  number  and  disposition  of 
delinquent  children  brought  before  such  Court,  together  with 
such  other  useful  information  regarding  such  cases,  and  the 
parentage  of  such  children,  as  may  be  reasonably  obtained  at 
the  trials  thereof ;  Provided :  That  the  name  or  identity  of  any 
such  child  or  parent  shall  not  be  disclosed  in  such  report,  and 
that  such  report  shall  not  be  published  at  State  expense. 

Information  or  Complaint. 

SECTION  154.  All  proceedings  under  this  Chapter  shall  be 
by  information  or  sworn  complaint  to  be  filed  by  the  prose- 
cuting attorney  of  the  county  as  in  other  cases  ur.der  the  gen- 
eral laws  of  the  State.  In  any  such  information  or  com- 
plaint filed  under  this  Chapter,  the  act  or  acts  claimed  to  have 
been  committed  by  the  child  proceeded  against  shall  in  a  gen- 
eral wray  be  stated  therein  as  constituting  such  child  a  juvenile 
delinquent  child  or  person.  When  the  information  or  com- 
plaint so  states  a  cause  of  delinquency  under  the  provisions  of 
this  Chapter,  that  the  Court  may  understand  it,  all  irregulari- 
ties or  defects  of  form  therein  must  be  disregarded  and  all 
technical  pleas  or  objections  thereto  must  be  summarily  dis- 
posed of  by  the  Court,  and  the  Court's  ruling  thereon  shall  be 
final.  It  shall  be  unlawful  for  any  officer  or  person  to  charge 
or  collect  any  fees,  or  for  any  county  or  state  to  pay  any  fees 
foi  any  service  performed  by  any  officer  or  person  under  the 
provisions  of  this  Chapter. 

Issuance  of  Warrant;  Imprisonment  to  Be  Avoided. 

SECTION  155.  Upon  the  filing  of  an  information  under  this 
chapter,  a  warrant  or  capias  may  issue  as  in  other  cases,  but  in- 
carceration of  the  child  proceeded  against  thereunder  shall  be 
made  or  had,  unless,  in  the  opinion  of  the  Judge  of  the  Court, 
or  in  the  absence  of  the  judge  from  the  county  seat,  then  in 
the  opinion  of  the  sheriff  of  the  county,  it  shall  be  necessary 
to  insure  its  attendance  in  court  at  such  times  as  shall  be  re- 
quired. In  order  to  avoid  such  incarceration,  if  practicable,  it 
shall  be  the  duty  of  the  sheriff  of  the  county,  or  his  deputy 


64  IDAHO    SCHOOL   LAWS. 

or  representative,  to  serve  a  notice  of  the  proceedings  upon  at 
least  one  (i)  parent  of  the  child,  if  living  and  known,  or  its 
legal  guardian,  or  if  his  or  her  whereabouts  or  residence  is 
not  known,  or  if  neither  parent  or  guardian  shall  be  in  this 
State,  then  some  relative  living  in  the  county,  if  any  there  be 
whose  whereabouts  are  known,  and  such  judge  or  sheriff  may 
accept  the  verbal  or  written  promise  of  such  person  so  notified, 
or  of  any  other  proper  person,  to  be  responsible  for  the  pres- 
ence of  the  child  at  the  hearing  in  such  case,  or  at  any  other 
time  to  which  the  same  may  be  adjourned  or  continued  by  the 
court.  In  case  such  child  shall  fail  to  appear  at  such  time  or 
times  as  the  court  may  require,  the  person  or  persons  responsi- 
ble for  its  appearance  as  herein  provided  for,  unless  in  the  opin- 
ion of  the  court  there  shall  be  reasonable  cause  for  such  failure 
of  such  child  to  appear  as  herein  provided  for,  may  be  pro- 
ceeded against  as  in  cases  of  contempt  of  court  and  punished 
accordingly;  and  where  any  such  child  shall  have  failed  to 
appear,  as  required  by  the  court  or  its  officers,  any  warrants, 
capias,  or  alias  capias  issued  in  such  case  may  be  executed  as  in 
other  cases;  Provided,  however:  That  no  child  under  fourteen 
(14)  years  of  age  shall,  under  any  circumstance,  be  incarce- 
rated in  any  common  jail,  cell  or  lock-up,  but  a  suitable  room  in 
the  county  building  or  court  house  must  be  provided  wherein 
the  sheriff  may  safely  keep  such  child.  Any  such  child  so  in- 
formed against  shall  also  have  the  right  now  given  by  law 
to  any  person  to  give  bond  or  other  security  for  its  appearance 
at  the  trial  of  such  case,  and  the  court  may,  in  any  such  case, 
appoint  counsel  to  appear  and  defend  on  behalf  of  any  such 
child,  who  must  serve  without  compensation  from  the  county 
or  state. 

Arrested  Child  to  Be  Taken  Before  Probate  Court. 

SECTION  156.  When  any  child  under  the  age  of  eighteen 
(18)  years  is  arrested,  with  or  without  warrant,  except  when 
the  charge  against  such  child  is  a  felony,  such  child  shall,  in- 
stead of  being  taken  before  a  justice  of  the  peace  or  police 
magistrate,  be  taken  directly  before  the  probate  court;  or  if 
the  child  is  taken  before  a  justice  of  the  peace  or  police  magis- 
trate, upon  complaint  sworn  out  in  such  court  or  for  any  other 
reason,  it  shall  be  the  duty  of  such  justice  of  the  peace  or 
police  magistrate  to  transfer  the  case  to  such  probate  court,  and 
of  the  officers  having  the  child  in  charge,  to  take  the  child  be- 
fore that  court,  and  in  any  such  case  the  court  may  proceed  to 
hear  and  dispose  of  the  case  in  the  same  manner  as  if  such 


IDAHO    SCHOOL  LAWS.  5 

child  had  been  brought  before  the  court  upon  information  origi- 
nally filed  as  herein  provided. 

Commitment  of  Child. 

SECTION  157.  In  any  case  of  a  delinquent  child  coming  under 
the  provisions  of  this  chapter,  the  court  may  continue  the  hear- 
ing from  time  to  time,  and  may  commit  the  child  to  the  care  of 
the  sheriff,  and  may  allow  said  child  to  remain  in  its  own 
home,  subject  to  the  sheriff,  such  child  to  report  to  the  court 
or  sheriff  as  often  as  may  be  required,  and  subject  to  be  re- 
turned to  the  court  for  further  proceedings  whenever  such 
action  may  appear  necessary,  or  the  Court  may  cause  the  child 
to  be  placed  in  a  suitable  family  home,  subject  to  the  friendly 
supervision  of  the  sheriff,  and  the  further  order  of  the  Court; 
or  it  may  authorize  the  child  to  be  boarded  out  in  some  suitable 
family  home,  in  case  provision  is  made  by  voluntary  contri- 
bution or  otherwise  for  the  payment  of  the  board  of  such 
child,  until  suitable  provision  be  made  for  the  child  in  a  home 
without  such  payment,  or  the  Court  may  commit  such  child  to 
the  Idaho  Industrial  Training  School;  or  the  Court  may  com- 
mit the  child  to  any  institution  within  the  county,  incorporated 
under  the  laws  of  this  state,  that  may  care  for  children  or  to 
any  state  institution  which  may  now  or  hereafter  be  established 
for  the  care  of  boys  or  girls.  In  no  case  shall  a  child  pro- 
ceeded against  under  the  provisions  of  this  chapter  be  com- 
mitted beyond  the  age  of  twenty-one  (21 ) .  A  child  committed 
to  any  such  institution  shall  be  subject  to  the  control  of  the 
board  of  managers  and  the  said  board  shall  have  power  to 
parole  such  child  on  such  conditions  as  it  may  prescribe,  and 
the  Court  shall,  on  the  recommendation  of  the  board,  have 
power  to  discharge  such  child  from  custody,  whenever,  in 
the  judgment  of  the  court,  his  or  her  reformation  is  complete; 
cr  the  court  may  commit  the  child  to  the  care  and  custody  of 
some  association  or  society  that  will  receive  it,  embracing 
within  its  objects  the  care  of  neglected  or  delinquent  children, 
and  which  has  been  duly  credited  as  herein  provided ;  Provided, 
That  when  the  Court  shall  commit  a  child  to  any  person  or 
association  or  institution  of  any  kind  other  than  some  institu- 
tion existing  under  the  authority  and  laws  of  this  State,  it 
must  not  be  at  the  expense  of  the  state,  and  in  all  such  cases 
the  Court  may  require  a  proper  bond  of  the  party  or  institution 
receiving  the  custody  of  such  child,  for  its  proper  care,  support 
and  education. 


66  IDAHO    SCHOOL   LAWS. 

Supervision  of  Institution  Receiving  Children. 

SECTION  158.  All  institutions  or  associations,  other  than 
Slate  institutions,  receiving  children  under  this  chapter,  shall 
be  subject  to  the  same  visitation,  inspection,  and  supervision 
as  are  public  charitable  institutions  of  this  State,  and  it  shall 
be  the  duty  of  the  Governor  to  pass  annually  upon  the  fitness 
of  any  institution  or  association  which  may  receive,  or  desire  to 
receive  any  child  or  children  under  the  provisions  of  this  chap- 
ter; and  every  such  institution  or  association  shall,  at  such 
times  as  said  Governor  shall  direct,  make  a  report  to  him, 
showing  its  condition,  management,  and  competency  to  care 
adequately  for  such  children  as  are,  or  may  be,  committed 
to  it,  and  such  other  facts  as  said  Governor  may  require,  and 
upon  said  Governor's  being  satisfied  that  any  such  institution 
or  association  is  competent,  and  has  adequate  facilities  to  care 
for  such  children,  he  shall  issue  to  the  same  a  certificate  to  that 
effect,  which  certificate  shall  continue  in  force  for  one  year 
unless  sooner  revoked  by  said  Governor,  the  Court  or  the  Judge 
thereof  may,  at  any  time,  require  from  any  such  institution  or 
association  receiving  or  desiring  to  receive  children  under  the 
provisions  of  this  chapter,  such  report,  information,  and  state- 
ments as  the  Court  or  Judge  shall  deem  proper  and  necessary 
for  his  action,  and  the  court  shall  in  no  case  commit  a  child 
or  children  to  any  association  or  institution  whose  standing, 
conduct,  or  care  of  children,  or  ability  to  care  for  the  same,  is 
not  satisfactory  to  the  court. 

Encouraging  Delinquency  a  Misdemeanor. 

SECTION  159.  In  all  cases  where  any  child  shall  be  a  de- 
liquent  child,  a  juvenile  delinquent  person,  or  a  juvenile  dis- 
orderly person,  as  defined  by  this  Act,  the  parent  or  parents, 
legal  guardian,  or  person  having  the  custody  of  such  child,  or 
any  other  person  responsible  for,  or  by  any  act  encouraging, 
causing,  or  contributing  to  the  delinquency  of  such  child,  shall 
be  guilty  of  a  misdemeanor,  and  upon  trial  and  conviction 
thereof  shall  be  fined  in  a  sum  not  to  exceed  Three  Hundred 
Dollars  ($300),  or  imprisonment  in  the  county  jail  for  a 
period  of  not  exceeding  six  months,  or  shall  suffer  both  fine 
imprisonment.  The  Court  may  impose  conditions  upon  any 
person  found  guilty  under  this  Act,  and  so  long  as  such  person 
shall  comply  therewith  to  the  satisfaction  of  the  court,  the 
sentence  imposed  may  be  suspended. 


IDAHO    SCHOOL   LAWS.  7 

Children  to  Attend  School. 

SECTION  160.  In  all  school  districts  of  this  State,  all 
parents,  guardians,  and  other  persons  having  care  of  children 
shall  instruct  them,  or  cause  them  to  be  instructed,  in  reading, 
writing,  spelling,  English  grammar,  geography  and  arithmetic. 
In  such  districts,  every  parent,  guardian,  or  other  person 
having  charge  of  any  child  between  the  ages  of  eight  (8) 
and  eighteen  (18)  years,  shall  send  such  child  to  a  public, 
private,  or  parochial  school  for  the  entire  school  year  during 
which  the  public  schools  are  in  session  in  such  district;  Pro- 
vided, however :  That  this  chapter  shall  not  apply  to  children 
over  fourteen  (14)  years  of  age,  where  such  child  shall  have 
completed  the.  eighth  (8)  grade,  or  may  be  eligible  to  enter 
any  high  school  in  such  district,  or  where  its  help  is  necessary 
for  its  own  use  or  its  parents'  support,  or  where  for  good  cause 
shown  it  would  be  for  the  best  interest  of  such  child  to  be  re- 
lieved from  the  provisions  of  this  chapter;  Provided,  further, 
that  if  a  reputable  physician  within  the  district  shall  certify  in 
writing-  that  the  child's  bodily  or  mental  condition  does  not 
permit  its  attendance  at  school,  such  child  shall  be  exempt  dur- 
ing such  period  of  disability  from  the  requirements  of  this 
chapter.  It  shall  be  the  duty  of  the  superintendent  of  the 
school  district,  if  there  be  such  superintendent,  and  if  not,  then 
the  county  superintendent  of  schools,  to  hear  and  determine 
all  applications  of  children  desiring,  for  any  of  the  causes 
mentioned  here,-  to  be  exempted  from  the  provisions  of  this 
chapter,  and  if  upon  such  application  such  superintendent  hear- 
ing the  same  shall  be  of  the  opinion  that  such  child  for  any 
reason  is  entitled  to  be  exempted  as  aforesaid,  then  such  super- 
intendent shall  issue  a  written  permit  to  such  child,  stating 
therein  his  reason  for  such  exemption.  An  appeal  may  be 
taken  from  the  decision  of  such  superintendent  so  passing  upon 
such  application,  to  the  probate  court  of  the  county  in  which 
such  district  lies,  upon  such  child  making  such  application  and 
filing  the  same  with  the  clerk  or  judge  of  said  court,  within 
ten  days  after  its  refusal  by  such  superintendent,  for  which  no 
fee  to  exceed  the  sum  of  One  Dollar  ($1.00)  shall  be  charged, 
and  the  decision  of  the  probate  court  shall  be  final.  An  appli- 
cation for  release  from  the  provisions  of -this  chapter  shall  not 
be  renewed  oftener  than  once  in  three  months. 

Juvenile  Disorderly  Persons  Defined. 

SECTION   161.     Every  child  within  the  provisions  of  this 
chapter  who  does  not  attend  school,  as  provided  in  the  preced- 


68  IDAHO    SCHOOL   LAWS. 

ing  section,  or  who  is  in  attendance  at  any  public,  private,  or 
parochial  school,  and  is  vicious,  incorrigible,  or  immoral  in  con- 
duct, or  who  is  an  habitual  truant  from  school,  or  who  habit- 
ually wanders  about  the  streets  and  public  places  during  school 
hours  without  lawful  occupation  or  employment,  or  who 
habitually  wanders  about  the  streets  in  the  night  time,  having 
no  employment  or  lawful  occupation,  shall  be  deemed  a  juvenile 
disorderly  person,  and  be  subject  to  the  provisions  of  this 
chapter. 

Same:  Complaint;  Hearing  and  Commitment. 

SECTION  162.  When  a  child  shall  be  a  juvenile  disorderly 
person  within  the  meaning  of  this  chapter,  the  truant  officer, 
or  any  school  teacher,  or  other  reputable  person  may  make  com- 
plaint in  the  probate  Court  of  the  county  in  which  such  child 
resides.  The  probate  Court  shall  hear  and  determine  such  com- 
plaint, and  if  it  is  determined  that  such  child  is  a  juvenile  dis- 
orderly person  within  the  meaning  of  this  chapter,  he  or  she 
shall  be  committed  to  a  children's  home,  if  eligible,  or  to  the 
Idaho  Industrial  Training  School,  or  to  some  other  training 
school,  taking  into  account  the  years  of  the  child  with  refer- 
ence to  the  institution  selected.  Any  child  committed  to  a 
children's  home,  on  its  being  shown  to  the  Judge  of  said  Court 
that  it  is  incorrigible  and  vicious,  may  be  transferred  to  the 
Industrial  School  or  other  proper  institution.  No  child  com- 
mitted to  any  reformatory  shall  be  detained  beyond  his  major- 
ity, and  may  be  discharged  sooner,  or  paroled  by  the  trustees  or 
board  of  control  under  rules  and  restrictions  applicable  to  other 
inmates.  Any  order  of  commitment  may  be  suspended  by  the 
judge  of  the  probate  court  during  such  time  as  the  child  may 
regularly  attend  school  and  properly  conduct  itself.  The 
expense  of  the  transportation  of  the  child  to  the  juvenile 
reformatory  shall  be  paid  by  the  county  from  which  the  child 
is  committed. 

Probation  Officers;  Appointment  and  Duties. 

SECTION  163.  The  Probate  Courts  of  the  several  counties 
in  this  State  shall  have  authority  to  appoint  or  designate  one 
or  more  discreet  persons  of  good  moral  character  to  serve  as 
probation  officers  during  the  pleasure  of  the  court;  said  pro- 
bation officers  having  authority  to  act  only  upon  the  request 
and  under  the  direction  of  the  Probate  Court,  and  to  receive 
such  compensation  for  services  actually  performed  as  the  Pro- 
bate Court  shall  deem  just  and  proper.  The  number  of  paid 
probation  officers  appointed  and  designated  by  the  court  shall 


IDAHO    SCHOOL   LAWS.  69 

be  as  follows :  In  counties  in  which  the  last  school  census  shows 
a  school  population  of  over  five  thousand  (5,000)  not  to  exceed 
two  (2)  probation  officers;  in  all  other  counties  not  to  exceed 
one  (i)  probation  officer.  In  case  a  probation  officer  shall 
be  appointed,  it  shall  be  the  duty  of  the  Judge  of  the  Court, 
if  practicable,  to  notify  said  probation  officer  when  any  child 
is  to  be  brought  before  the  court;  it  shall  be  the  duty  of  said 
probation  officer  to  make  investigation  of  such  case ;  to  be  pres- 
ent in  court  to  represent  the  interests  of  the  child  when  the 
case  is  heard;  to  furnish  to  the  court  such  information  and  as- 
sistance as  the  court  or  judge  may  require;  and  to  take  charge 
of  any  child  before  and  after  the  trial  as  may  be  directed  by  the 
court  or  the  judge.  Probation  officers  provided  for  by  this 
chapter  are  hereby  vested  with  all  power  and  authority  of 
sheriffs,  constables,  and  police  officers  to  make  arrests  and  per- 
form other  duties  incident  to  their  offices  as  probation  officers. 

School  Trustees  to  Report  Delinquents. 

SECTION  164.  It  shall  be  the  duty  of  the  board  of  trustee* 
of  each  school  district  to  report  to  the  county  school  superin- 
tendent all  cases  of  truancy,  delinquency,  and  incorrigibility 
which  arise  within  their  respective  districts,  and  such  county 
school  superintendent  shall  immediately  report  such  cases  to 
the  judge  of  the  probate  court. 

Review  of  Orders  of  Probate  Judge. 

SECTION  165.  All  orders  or  final  judgments  made  by  any 
Probate  Court  or  the  Judge  thereof  under  this  chapter,  may  be 
reviewed  upon  questions  of  law  only. 


ARTICLE  XVIII. 
CHILD  LABOR  ACT. 
Section  on  Employment  of  Children  Under  Fourteen. 

SECTION  166.  No  child  under  fourteen  (14)  years  of  age 
shall  be  employed,  permitted,  or  suffered  to  work  in  or  in  con- 
nection with  any  mine,  factory,  workshop,  mercantile  establish- 
ment, store,  telegraph  or  telephone  office,  laundry,  restaurant, 
hotel,  apartment  house,  or  in  the  distribution  or  transmission 
of  merchandise  or  messages.  It  shall  be  unlawful  for  any 
person,  firm,  or  corporation  to  employ  any  child  under  fourteen 
(14)  years  of  age  in  any  such  business  or  service  whatever 
during  the  hours  in  which  the  public  schools  of  the  district  in 
which  the  child  resides  are  in  session,  or  before  the  hour  of 


70  IDAHO    SCHOOL   LAWS. 

six  (6)  o'clock  in  the  morning,  or  after  the  hour  of  nine  (9) 
o'clock  in  the  evening;  Provided,  That  any  such  child  over 
the  age  of  twelve  (12)  years  may  be  employed  at  any  of  the 
occupations  mentioned  in  this  Act  during  the  regular  vacations 
of  two  weeks  or  more  of  the  public  schools  of  the  district  in 
which  such  child  resides. 

Same:  Children  Under  Sixteen;  Educational  Requirements. 

SECTION  167.  No  minor  who  is  under  sixteen  (16)  years 
of  age  shall  be  employed  or  permitted  to  work  at  any  gainful 
occupation  during  the  hours  that  the  public  schools  of  the 
school  district  in  which  he  resides  are  in  session,  unless  he  can 
read  at  sight  and  write  legibly  simple  sentences  in  the  English 
language,  and  has  received  instruction  in  spelling,  English 
grammar,  and  geography  and  is  familiar  with  the  fundamental 
operations  of  arithmetic  up  to  and  including  fractions,  or  has 
similar  attainments  in  another  language. 

Employers  to  Keep  Record  of  Minor  Employees. 

SECTION  168.  Everv  person,  firm,  corporation,  agent,  or 
officer  of  a  firm  or  corporation  employing  or  permitting  minors 
under  sixteen  (16)  years  of  age  and  over  fourteen  (14)  years 
of  age  to  work  in  any  mine,  factory,  workshop,  mercantile 
establishment,  store,  telegraph  or  telephone  office,  laundry, 
restaurant,  hotel,  apartment  house,  or  in  the  distribution  or 
transmission  of  merchandise  or  messages,  shall  keep  a  record 
of  the  names,  ages,  and  place  of  residence  of  such  minors. 

Working  Hours  for  Children  Under  Sixteen. 

SECTION  169.  No  person  under  the  age  of  sixteen  (16) 
years  shall  be  employed  or  suffered  or  permitted  to  work  at 
any  gainful  occupation  more  than  fifty-four  (54)  hours  in  any 
one  (i)  week,  nor  more  than  nine  (9)  hours  in  any  one  (i) 
day;  nor  before  the  hour  of  six  (6)  o'clock  in  the  morning  nor 
after  the  hour  of  nine  (9)  o'clock  in  the  evening. 

Penalty  for  Violation  of  This  Article. 

SECTION  170.  Whoever  employs  a  child  under  sixteen 
years  of  age,  and  whoever  having  under  his  control  a  child 
under  such  age  permits  such  child  to  be  employed  in  violation 
of  Sections  i  and  2  of  this  Act  shall,  for  such  offense,  be  fined 
not  more  than  Fifty  Dollars  ($50),  and  whoever  continues 
to  employ  any  child  in  the  violation  of  either  of  said  sections 
of  this  Act  after  being  notified  by  a  truant  officer,  probation 
officer,  or  school  authority  shall,  for  every  day  thereafter  that 


IDAHO    SCHOOL   LAWS. 


such  employment  continues,  be  fined  not  less  than  Five  Dollars 
($5.00)  nor  more  than  Twenty  Dollars  ($20).  A  failure  to 
produce  to  a  truant  officer,  policeman,  probation  officer,  or 
school  authority,  the  age  record  required  by  this  Act  shall  be 
prima  facie  evidence  of  the  illegal  employment  of  any  person 
whose  age  record  is  not  produced.  Any  parent,  guardian,  or 
custodian  of  a  minor  under  sixteen  (16)  years  of  age  who 
knowingly  swears  falsely  as  to  the  age  of  such  child  for  the 
purpose  of  obtaining  an  age  record  is  guilty  of  perjury. 

Prohibition  Against  Theatrical  Employment  of  Children. 

SECTION  171.  Any  person,  whether  as  parent,  relative, 
guardian,  employer  or  otherwise,  having  the  care,  custody  or 
control  of  any  child  under  the  age  of  sixteen  years,  who  ex- 
hibits, uses  or  employs  in  any  manner  or  under  any  pretense, 
sells,  apprentices,  gives  away,  lets  out,  or  disposes  of  such  child 
to  any  person,  under  any  name,  title,  or  pretense,  for  or  in  any 
business,  exhibition  or  vocation,  injurious  to  the  health  or 
dangerous  to  the  life  or  limb  of  such  child,  or  in  or  for  the 
vocation,  occupation,  service,  or  purpose  of  singing,  playing 
on  musical  instruments,  rope  or  wire  walking-,  dancing,  begging 
or  peddling,  or  as  gymnast,  acrobat,  or  contortionist,  or  rider, 
or  in  any  place  whatsoever,  or  for  any  obscene,  indecent,  or 
immoral  purpose,  exhibition,  or  practice  whatsoever,  or  for  or 
in  any  mendicant,  or  wandering  business  whatsoever,  or  who 
causes,  procures,  or  encourages  such  child  to  engage  therein,  is 
guilty  of  a  misdemeanor,  and  punishable  by  a  fine  of  not  less 
than  Fifty  Dollars  ($50)  nor  more  than  Two  Hundred  and 
Fifty  Dollars  ($250),  or  by  imprisonment  in  the  county  jail 
for  a  term  not  exceeding  six  (6)  months  or  by  both  such  fine 
and  imprisonment.  Every  person  who  takes,  receives,  hires,  em- 
ploys, uses,  exhibits,  or  has  in  custody  any  child  under  the  age 
and  for  any  of  the  purposes  mentioned  in  this  section  is  guilty 
of  a  like  offense  and  punishable  by  like  imprisonment.  Nothing 
in  this  section  contained  applies  to  or  affects  the  employment  or 
use  of  any  such  child  as  a  singer  or  musician  in  any  church, 
school,  or  academy,  or  the  teaching  or  learning  of  the  science 
or  practice  of  music. 

Employment  of  Minors  in  Saloons,  Etc. 

SECTION  172.  Any  person  whether  as  parent,  guardian,  em- 
ployer, or  otherwise,  and  any  firm  or  corporation,  who  as  em- 
ployer or  otherwise,  shall  send,  direct,  or  cause  to  be  sent  or 
directed  any  minor,  to  any  saloon,  gambling  house,  house  of 
prostitution  or  other  immoral  place;  or  who  shall  employ  any 


IDAHO    SCHOOL   LAWS. 

minor  to  serve  intoxicating  liquors  to  customers,  or  who  shall 
employ  a  minor  in  handling  intoxicating  liquor  or  packages 
containing  such  liquors  in  a  brewery,  bottling  establishment  or 
other  place  where  such  liquors  are  prepared  for  sale  or  offered 
for  sale,  shall,  for  each  offense,  be  punished  by  a  fine  of  not 
less  than  Fifty  Dollars  ($50)  or  imprisonment  for  not  less  than 
two  (2)  months  or  by  both  such  fine  and  imprisonment. 

Probation  Officers  and  School  Trustees  to  Bring  Complaint 

SECTION  173.  The  probation  officer,  or  in  counties  where 
there  is  no  probation  officer,  one  or  more  of  the  school  trustees 
shall  visit  the  various  places  of  employment  mentioned  in  sec- 
tions 1 66  and  172  of  this  Act  and  ascertain  whether  any  minors 
are  employed  therein  contrary  to  the  provisions  of  this  Act, 
and  they  shall  bring  complaint  for  offenses  under  this  Act  to 
the  attention  of  the  prosecuting  attorney  for  prosecution,  but 
nothing  herein  shall  be  held  to  prohibit  any  reputable  citizen 
from  bringing  complaint  for  violations  of  this  Act.  All  offenses 
under  this  Act  shall  be  prosecuted  in  the  probate  court. 


ARTICLE  XIX. 

STATE  LIBRARY  COMMISSION. 
Constitution  of  Commission. 

SECTION  174.  The  Attorney  General,  Secretary  of  State, 
State  Superintendent  of  Public  Instruction,  and  the  President 
of  the  State  University,  ex-officio,  are  hereby  constituted  a 
State  Library  Commission,  of  which  the  Attorney  General  shall 
be  chairman,  and  the  State  Superintendent  of  Public  Instruc- 
tion secretary. 

Management  of  Traveling  Library. 

SECTION  175.  Said  commission  shall  have  the  manage- 
ment of  the  traveling  library  or  libraries  belonging  to  the  State, 
and  shall  make  such  rules  governing  the  use  of  the  same,  and 
of  the  books  and  property  pertaining  thereto,  as  it  may  deem 
necessary.  Said  commission  shall  cause  said  books  to  be  dis- 
tributed throughout  the  State,  and  at  suitable  intervals  change 
such  distribution  in  such  manner  as  to  secure  the  use  and  en- 
joyment of  said  books  to  the  people  of  the  State.  The  Com- 
mission shall  have  power  to  employ  a  qualified  librarian  whose 
duties  shall  be  defined  by  the  said  commission.  It  shall  co- 
operate with  the  management  of  public  schools  and  other  free 
libraries  within  the  State,  and  adopt  such  means  as  shall  pro- 


IDAHO    SCHOOL   LAWS. 

!.:iote  their  establishment.  Said  commission  may  receive  do- 
nations of  money,  books,  or  other  property,  real  or  personal, 
for  the  benefit  of  such  traveling  library  or  libraries,  the  title 
to  which  property  shall  rest  in  the  State  of  Idaho,  to  be  held 
and  controlled  by  said  commission.  Said  commission  shall  re- 
port annually  to  the  Governor,  with  such  recommendations  as 
it  may  deem  proper. 

Accounts  of  Commission. 

SECTION  176.  The  secretary  of  said  commission  shall  keep 
a  full  report  of  the  proceedings  of  said  commission,  and  ac- 
curate accounts  of  expenses  incurred  by  it  in  carrying  out  the 
provisions  of  this  chapter.  The  chairman  of  said  commission 
may  issue  certificates,  countersigned  by  the  secretary,  for  all 
claims  against  said  commission,  incurred  in  the  management  of 
said  traveling  library  or  libraries,  and  in  carrying  out  the 
objects  of  this  chapter,  which  claims,  when  approved  by  the 
Board  of  Examiners,  shall  be  paid  by  warrants  drawn  upon  the 
fund  in  the  State  Treasury  provided  for  such  purpose. 


ARTICLE  XX. 
PUBLIC  LIBRARIES. 

Cities   May   Establish  Libraries. 

SECTION  177.  The  common  council  of  every  city  and  of 
every  village  of  the  State  of  Idaho  shall  have  power  to  establish 
a  public  library  and  reading  room,  and  for  such  purpose  may 
annually  levy,  and  cause  to  be  collected,  as  other  taxes  are, 
a  tax  not  exceeding  one  ( I )  mill  on  the  Dollar  of  the  taxable 
property  of  such  city  or  village,  to  constitute  a  library  fund, 
which  shall  be  kept  by  the  Treasurer  separate  and  apart  from 
other  moneys  of  the  city  or  village,  and  be  used  exclusively  for 
the  purchase  of  books,  periodicals,  necessary  furniture  and  fix- 
tures, and  whatever  is  required  for  the  maintenance  of  such 
library  and  reading  room. 

School  District  Libraries;  Election. 

SECTION  178.  The  trustees  of  a  school  district  in  which 
is  situated  no  incorporated  town  or  village,  on  the  petition  of 
twenty  (20)  electors  thereof,  shall,  upon  four  (4)  weeks' 
notice  published  in  some  newspaper  of  general  circulation  pub- 
lished in  the  county  wherein  such  district  is  situated,  submit 
to  the  electors  thereof,  at  the  first  election  held  therein  for  the 


74  IDAHO    SCHOOL   LAWS. 

purpose  of  electing  a  member  or  members  of  the  board  of  trus- 
tees, following  the  publication  of  the  said  notice,  the  question 
whether  there  shall  be  a  public  library  established  in  such  school 
district  for  the  use  and  benefit  of  the  citizens  thereof.  Those 
voting  at  such  election  in  favor  of  such  library  shall  put  upon 
their  ballots  the  words,  ''Public  Library — Yes,"  and  those  vot- 
ing thereat  against  such  library  the  words  "Public  Library- 
No."  If  a  majority  of  the  electors  voting  at  such  election  shall 
vote  in  favor  thereof,  the  trustees  aforesaid  have  authority, 
annually,  to  levy  upon  all  the  taxable  property  in  such  school 
district  a  tax  not  exceeding  one  ( i )  mill  on  the  Dollar  valu- 
ation thereof,  to  be  applied  to  the  establishment  and  main- 
tenance of  a  library  as  aforesaid,  and  the  procuring  of  suit- 
able rooms  for  the  same.  All  boards  of  school  trustees,  acting 
under  the  provisions  of  this  section,  shall  perform  the  same 
duties  required  of,  and  have  the  same  power  and  authority 
granted  to,  the  common  council  of  a  city  or  a  village  by  the  pro- 
visions of  this  chapter  under  like  conditions,  and  the  treasurer 
of  such  board  of  trustees  shall  perform  the  duties  of  treasurer 
for  the  public  library. 

Directors  of  Library. 

SECTION  179.  For  the  government  of  such  library  and 
reading  room  there  shall  be  a  board  of  five  (5)  directors  ap- 
pointed by  the  council  of  such  city  or  village  from  among  the 
citizens  thereof  at  large,  and  not  more  than  one  ( i )  member  of 
the  council  of  such  city  or  village  shall,  at  any  time,  be  a  mem- 
ber of  said  board.  Such  directors  shall  hold  their  office  for 
three  (3)  years  from  the  date  of  appointment,  and  until  their 
successors  are  appointed,  but  upon  their  first  appointment  they 
shall  divide  themselves  at  their  first  meeting,  by  lot,  into  three 
(3)  classes:  Two  (2)  members  shall  form  the  first  class  and 
shall  serve  for  one  ( i )  year  from  the  date  of  appointment ;  two 
members  shall  form  the  second  class  and  shall  serve  for  two 
(2)  years  from  the  date  of  appointment;  and  one  (i)  member 
shall  form  the  third  class  and  shall  serve  for  three  (3)  years 
from  the  date  of  appointment.  All  vacancies  shall  be  immedi- 
ately reported  to  the  proper  council  by  the  directors,  and  shall 
be  rilled  by  appointment  in  the  same  manner  as  appointments 
are  originally  made.  Appointments  to  complete  an  unexpired 
term  shall  be  for  the  residue  of  the  term  only.  No  compensation 
shall  be  paid  or  allowed  to  any  director  in  any  manner  what- 
soever. 


IDAHO    SCHOOL   LAWS. 

Organization  and  Powers  of  Directors. 

SECTION  180.  Said  directors  shall,  immediately  after  their 
appointment,  meet  and  organize  by  the  election  of  one  (i) 
of  their  number  president,  and  by  the  election  of  such  other 
officers  as  they  may  deem  necessary.  They  shall  make  and  adopt 
such  by-laws,  rules,  and  regulations  for  their  own  guidance 
and  for  the  government  cf  the  library  and  reading  room  as  may 
be  expedient.  They  shall  have  the  exclusive  control  of  the  ex- 
penditure of  all  moneys  collected  for  the  library  fund,  and  the 
supervision,  care,  and  custody  of  the  room  or  buildings  con- 
structed, leased,  or  set  apart  for  that  purpose;  and  such  money 
shall  be  drawn  from  the  treasury  by  the  proper  officers,  upon 
properly  authenticated  vouchers  of  the  board  of  directors,  with- 
out otherwise  being  audited.  They  may,  with  the  approval 
of  the  common  council,  lease  and  occupy,  or  purchase  or  erect 
on  purchased  ground,  an  appropriate  building;  Provided: 
That  not  more  than  one-half  (1-2)  of  the  income  in  any  one 
(i)  year  can  be  set  apart  in  said  year  for  such  purchase  or 
building.  They  may  appoint  a  librarian  and  assistants,  and 
prescribe  rules  for  their  conduct. 

Libraries  to  Be  Free. 

SECTION  181.  Every  library  and  reading  room  established 
under  this  chapter  shall  be  forever  free  for  the  use  of  the  in- 
habitants of  the  city,  village,  or  school  district  where  located, 
always  subject  to  such  reasonable  rules  and  regulations  as  the 
library  board  may  find  necessary  to  adopt  and  publish  in  order 
to  render  the  use  of  the  library  and  reading  room  of  the  great- 
est benefit  to  the  greatest  number,  and  they  may  exclude  and 
cut  off  from  the  use  of  said  library  and  reading  room  any  and 
all  persons  who  shall  wilfully  violate  such  rules. 

Report  of  Directors. 

SECTION  182.  The  said  board  of  directors  shall  make  an 
annual  itemized  report  to  the  State  Library  Commission  on 
June  Thirtieth  of  each  year,  stating  the  condition  of  their 
trust,  the  various  sums  of  money  received  from  the  library 
fund  and  from  all  sources,  and  how  much  has  been  expended, 
the  number  of  books  and  periodicals  on  hand,  and  the  number 
added  by  purchase,  gift,  or  otherwise  during  the  year,  the 
number  lost  or  missing,  the  number  of  books  loaned  out,  and 
the  general  character  of  such  books,  with  such  other  statistics, 
information,  and  suggestions  as  they  may  deem  of  general  in- 
terest, and  the  State  Library  Commission  may  require. 


76  IDAHO    SCHOOL   LAWS. 

Donations  to  Library. 

SECTION  183.  All  persons  desirous  of  making  donations  of 
money,  personal  property,  or  real  estate  for  the  benefit  of 
such  library  shall  have  the  right  to  vest  the  title  to  the  same 
in  the  board  of  directors  created  under  this  chapter,  to  be  held 
and  controlled  by  said  Board,  when  accepted  according  to 
the  terms  of  the  deed  or  gift,  devise,  or  bequest  of  such  prop- 
erty; and  as  to  such  property  the  said  Board  shall  be  held  and 
considered  to  be  the  special  trustees. 

Taxes  for  Existing  Libraries;  Definitions. 

SECTION  184.  In  case  a  free  subscription  library  has  been 
established  in  any  city  or  incorporated  village,  and  duly  in- 
corporated and  organized,  the  council  may  levy  a  tax  for  its 
support,  as  provided  in  this  Chapter,  without  change  in  the 
organization  of  such  library  association;  Provided:  It  be- 
comes a  free  library.  The  sums  so  raised  shall  be  duly  paid 
to  the  officer  duly  authorized  to  receive  the  same,  and  shall 
be  under  the  control  of  said  library  association ;  Provided : 
That  if  at  any  time  the  said  library  association  ceases  to  exist, 
or  for  any  reason  fails  to  provide  a  free  circulating  library 
as  required  by  the  provisions  of  this  Chapter,  the  books  and 
other  property  accumulated  from  the  proceeds  of  the  levy 
herein  authorized  shall  become  the  property  of  the  city  or 
village,  and  be  subject  to  the  control  of  the  council  as  herein 
provided. 

In  this  Chapter,  unless  the  context  otherwise  requires, 
"library''  includes  libraries  with  branches,  loans,  reference, 
traveling  and  reading  room  departments,  lectures  and 
museums;  "city"  includes  towns  and  villages;  "council"  means 
the  legislative  body  of  an  incorporated  city,  town,  or  village; 
"mayor"  means  the  chief  executive  officer  of  an  incorporated 
city;  town,  or  village. 


IDAHO    SCHOOL  LAWS.  77 

ARTICLE  XXI. 

MISCELLANEOUS  PROVISIONS. 
School  Month  Defined. 

SECTION  185.  A  school  month  is  four  (4)  weeks,  of  five 
(5)  school  days. 

Sectarian  and  Partisan  Instruction  Forbidden. 

SECTION  186.  No  books,  papers,  tracts  or  documents  of  a 
political,  sectarian,  or  denominational  character  shall  be  used 
or  introduced  in  any  school  established  under  the  provisions  of 
this  Chapter,  and  any  and  every  political,  sectarian,  or  denomi- 
national doctrine  is  hereby  expressly  forbidden  to  be  taught 
therein;  nor  shall  any  teacher  or  any  district  receive  any  of 
the  public  school  moneys  in  which  the  schools  have  not  been 
taught  in  accordance  with  the  provisions  of  this  Chapter. 

Eighth  Grade  Examinations. 

SECTION  187.  It  shall  be  the  duty  of  the  State  Superintend- 
ent of  Public  Instruction  to  prepare,  or  cause  to  be  prepared, 
eighth  grade  examination  questions  to  be  used  by  the  county 
superintendents  of  the  several  counties  of  the  State  in  the  ex- 
amination of  applicants  for  eighth  grade  diplomas,  and  to 
prescribe  the  rules  and  regulations  for  conducting  all  such 
examinations.  All  pupils  shall  be  required  to  take  such  eighth 
grade  examination,  which  may  be  taken  entire,  at  the 
close  of  the  eighth  grade  work,  or  the  examination  in 
each  required  subject  may  be  taken  in  the  grade  in  which 
the  subject  is  completed,  and  only  those  pupils  shall 
be  entitled  to  pass  who  shall  obtain  a  general  average  of  not 
less  than  eighty-five  (85)  per  cent,  and  not  falling  below 
seventy  (70)  per  cent  in  any  branch.  All  pupils  passing 
such  examination  shall  be  granted  a  diploma  by  the  county 
superintendent  of  public  instruction.  No  pupil  shall  be  per- 
mitted to  enter  the  first  year  of  any  High  School  in  the  State 
of  Idaho  who  has  not  passed  the  eight  grade  examination  satis- 
factorily and  obtained  his  or  her  diploma ;  Provided :  That 
Class  A,  Independent  School  Districts  shall  be  exempted  from 
the  provisions  of  this  Section. 

Arbor  Day. 

SECTION  188.  It  shall  be  the  duty  of  the  county  superin- 
tendent to  set  apart  one  (i)  day  in  the  proper  time  in  each 
year  between  the  first  day  of  April  and  the  first  day  of  May, 


78  IDAHO    SCHOOL   LAWS. 

to  be  known  as  Arbor  Day.  He  shall,  by  written  or  printed 
notice,  notify  the  clerk  of  each  school  district  in  his  county  01 
the  day  so  set  apart  at  least  twenty  (20)  days  prior  to  said 
day.  It  shall  be  the  duty  of  the  authorities  of  every  public 
school  in  this  State  to  assemble  the  pupils  in  their  charge  on 
that  day  in  the  school  building,  or  elsewhere,  as  they  may 
deem  proper,  and  to  provide  for  and  conduct,  under  the  gen- 
eral supervision  of  the  county  superintendent  of  public  instruc- 
tion, such  exercises  as  shall  tend  to  encourage  the  planting, 
protection  and  preservation  of  trees  and  shrubs,  and  an  ac- 
quaintance with  the  best  methods  to  be  adopted  to  accomplish 
such  results.  The  State  Superintendent  of  Public  Instruction 
shall  have  power  to  prescribe,  from  time  to  time,  in  writing,  a 
course  of  exercises  and  instruction  in  the  subjects  hereinbe- 
fore mentioned,  which  shall  be  adopted  and  observed  by  the 
school  authorities  on  Arbor  Day,  and  upon  receipt  of  copies  of 
such  course,  sufficient  in  number  to  supply  all  the  schools 
under  his  supervision,  the  county  superintendent  of  public  in- 
struction shall  promptly  provide  each  of  the  schools  under  his 
charge  with  a  copy  and  cause  it  to  be  adopted  and  observed. 

Establishment  of  Kindergartens. 

SECTION  189.  The  school  board  of  any  school  district  in 
the  State  is  hereby  empowered  to  establish  and  maintain  free 
kindergartens  in  connection  with  the  public  schools  of  each 
district  for  the  instruction  of  children  between  the  ages  of 
three  (3)  and  six  (6),  residing  in  said  district,  and  shall 
establish  such  courses  of  training,  study,  and  discipline,  and 
such  rules  and  regulations  governing  such  preparatory  or 
kindergarten  schools,  as  said  board  may  deem  best;  Provided: 
That  nothing  in  this  section  shall  be  construed  to  change  the 
law  relating  to  the  taking  of  the  census  of  the  school  popula- 
tion, or  the  apportionment  of  State  and  county  school  funds 
among  the  several  counties  and  districts  in  this  State;  Pro- 
vided, further:  That  the  cost  of  establishing  and  maintaining 
such  kindergartens  shall  be  paid  from  the  special  school  fund 
of  said  districts,  and  the  said  kindergartens  shall  be  a  part 
of  the  public  school  system,  and  governed,  as  far  as  practicable, 
in  the  same  manner  and  by  the  same  officers  as  is  now,  or 
hereafter  may  be,  provided  by  law  for  the  government  of  other 
public  schools  of  the  State;  Provided,  further:  That  all  teach- 
ers employed  in  these  schools  shall  have  a  diploma,  from  some 
reputable  kindergarten  training  school,  or  shall  be  licensed 


IDAHO    SCHOOL  LAWS.  79 

in  accordance  with  the  rules  and  regulations  established  by  the 
State  Superintendent  of  Public  Instruction. 

Physiology  and  Hygiene. 

SECTION  190.  (a).  That  physiology  and  hygiene,  which 
shall,  in  each  division  of  the  subject  so  pursued,  include  spe- 
cial reference  to  the  nature  of  alcoholic  drinks,  stimulants, 
and  narcotics  and  their  effects  upon  the  human  system,  and 
which  shall  be  included  in  the  branches  of  study  required  by 
law  to  be  taught  in  the  common  schools  of  this  State,  shall 
be  introduced  and  studied  in  a  regular  branch  during  each 
school  term,  or  during  such  portion  of  each  school  term  as 
may  be  necessary  to  enable  all  pupils  to  pass  prescribed  ex- 
aminations in  the  text  books  on  said  study,  furnished  the 
respective  grades  and  corresponding  classes  in  ungraded 
schools,  in  all  departments  of  the  common  schools  of  the  State, 
in  State  reformatories  and  in  all  educational  institutions  sup- 
ported wholly  or  in  part  by  appropriations  by  the  State. 

(b).  It  shall  be  the  duty  of  the  boards  of  trustees  of  the 
several' school  districts  in  this  State  to  provide  the  best  authori- 
tative text  books  that  can  be  obtained  on  said  study,  and  also 
to  provide  needed  facilities,  and  to  arrange  definite  time  and 
place  for  this  branch  in  the  regular  course  of  study.  The 
text  books  in  the  pupils'  hands  shall  be  graded  in  accordance 
with  their  respective  school  grades,  and  correspondingly  in 
ungraded  schools,  and  in  the  lower  grades  where  text  books 
011  said  subject  are  not  in  the  hands  of  pupils,  oral  instruction 
in  this  subject  shall  be  given  by  teachers  using  illustrations, 
charts,  and  standard  text  books  adapted  to  such  oral  instruc- 
tion, and  the  same  test  shall  be  required  in  this  branch  for 
promotion  as  in  other  studies. 

SECTION  191.  In  all  teachers'  training  classes  in  the  normal 
schools  of  this  State,  and  in  teachers'  institutes,  adequate 
time  and  attention  shall  be  given  to  instruction  in  the  best 
methods  of  teaching  this  branch,  and  a  competent  lecturer  on 
this  subject  shall  be  secured  for  teachers'  institutes  and  asso- 
ciations. 

SECTION  192.  The  superintendents  of  State  reformatories 
shall  make  suitable  provision  for  the  teaching  of  this  branch 
in  said  reformatories. 

SECTION  193.  On  satisfactory  evidence  that  any  teacher  has 
wilfully  refused  or  neglected  to  teach  this  subject  as  herein 
provided,  the  State  or  county  superintendent  shall  revoke  the 


IDAHO    SCHOOL   LAWS. 


certificate  of  such  teacher.  Such  revocation  not  to  be  made, 
however,  without  thirty  (30)  days'  notice  to  such  teacher 
and  the  consideration  of  such  evidence  as  may  be  produced  in 
his  support. 


ARTICLE  XXII. 
REPEALING  CONFLICTS. 

SECTION  194.  All  Acts  or  parts  of  Acts  in  conflict  with 
this  Act  are  hereby  repealed. 

SECTION  195.  This  Act  is  intended  to  constitute  a  complete 
cede  and  system  for  the  government  and  regulation  of  the 
common  schools  of  Idaho,  and  is  intended  to  be  complete  in 
itself,  without  reference  to  or  aid  from  other  laws;  and  all 
Acts  or  parts  of  Acts  which  modify  or  tend  to  modify  this 
Act  or  any  part  thereof  shall  be  disregarded  by  the  Courts  in 
the  construction  of  this  Act. 


IDAHO     SCHOOL    LAWS.  8l 

IDAHO  REVISED  CODES,  VOL.  I. 


STATE  INSTITUTIONS. 


CHAPTER  I. 
STATE  UNIVERSITY. 
University  Established. 

SEC.  485.  There  is  hereby  established  in  this  State,  at 
the  town  of  Moscow,  in  the  County  of  Latah,  an  institution  of 
learning,  by  the  name  and  style  of  "The  University  of  Idaho." 

Board  of  Regents. 

SEC.  486.  The  government  of  the  University  shall  vest 
in  a  board  of  regents,  to  consist  of  five  members  chosen  from 
the  State  at  large,  which  board  the  Governor  shall  nominate, 
and,  with  the  advice  and  consent  of  the  Senate,  appoint.  The 
said  board  shall  be  non-partisan;  no  more  than  three  of  the 
members  shall  be  of  the  same  political  party.  The  terms  of 
office  of  said  regents  shall  be  six  years  from  the  first  Monday 
in  February  in  the  year  in  which  appointed.  Two  members 
shall  be  appointed  each  odd  numbered  year;  Provided,  That 
the  present  members  of  said  board  shall  hold  office  for  the 
remainder  of  their  respective  terms.  The  Governor  shall  have 
power  to  fill  vacancies  in  the  board  by  appointment,  which 
appointment  shall  be  valid  until  the  last  day  of  the  regular 
session  of  the  Legislature  following  such  appointment. 

Executive  Committee  of  Board. 

SEC.  487.  The  president  and  secretary  ex-officio,  and 
one  member  of  the  board  to  be  appointed  by  the  president  there- 
of, shall  constitute  an  executive  committee  of  said  board,  whose 
duties  shall  be  prescribed  by  the  by-laws  of  the  board. 

General  Duties  of  the  Board. 

SEC.  488.  The  board  of  regents  and  their  successors  in 
office,  shall  constitute  a  body  corporate,  by  the  name  of 
"The  Regents  of  the  University  of  Idaho,"  and  shall  possess 
all  the  powers  necessary  or  convenient  to  accomplish  the  ob- 
jects and  perform  the  duties  prescribed  by  law,  and  shall  have 
the  custody  of  the  books,  records,  buildings  and  other  property 
of  said  University.  The  board  shall  elect  a  president,  secretary 


82  IDAHO    SCHOOL   LAWS. 

and  treasurer,  who  shall  perform  such  duties  as  shall  be  pre- 
scribed by  the  by-laws  of  the  board.  The  secretary  shall  keep 
a  faithful  record  of  all  the  transactions  of  the  board  and  of  the 
executive  committee  thereof.  The  treasurer  shall  perform  all 
the  duties  of  such  office,  subject  to  such  regulations  as  the 
board  may  adopt,  and  for  the  faithful  discharge  of  all  his 
duties  shall  execute  a  bond  in  such  sum  as  the  board  may 
direct. 

Meetings  of  Board. 

SEC.  489.  The  time  of  the  election  of  the  president,  secre- 
tary and  treasurer  of  said  board,  and  the  duration  of  their 
respective  terms  of  office  and  the  times  for  holding  the  regular 
annual  meeting  and  such  other  meetings  as  may  be  required, 
and  the  manner  of  notifying  the  same,  shall  be  determined  by 
the  by-laws  of  the  board.  A  majority  of  the  board  shall  con- 
stitute a  quorum  for  the  transaction  of  business,  but  a  less 
number  may  adjourn  from  time  to  time. 

Pov/ers  of  Board;  Sectarian  Tests  Prohibited. 

SEC.  490.  The  board  of  regents  shall  enact  laws  for  the 
government  of  the  University  in  all  its  branches,  elect  a 
president  and  the  requisite  number  of  professors,  instructors, 
officers  and  employes,  and  fix  the  salaries  and  the  term  of 
office  of  each,  and  determine  the  moral  and  educational 
qualifications  of  the  applicants  for  admission  to  the  various 
courses  of  instruction;  but  no  instruction  either  sectarian  in 
religion  or  partisan  in  politics  shall  ever  be  allowed  in  any 
department  of  the  University,  and  no  sectarian  or  partisan  test 
shall  ever  be  allowed  or  exercised  in  the  appointment  of  regents 
or  in  the  election  of  professors,  teachers,  or  other  officers  of 
the  University,  or  in  the  admission  of  students  thereto,  or  for 
any  purpose  whatever.  The  board  of  regents  shall  have  power 
to  remove  the  president  or  any  professor,  instructor  or  officer 
of  the  University,  when,  in  their  judgment,  the  interests  of  the 
University  require  it.  The  board  may  prescribe  rules  and  regu- 
lations for  the  management  of  the  libraries,  cabinet,  museum, 
laboratories  and  all  other  property  of  the  University  and  of  its 
several  departments,  and  for  the  care  and  preservation  thereof, 
with  penalties  and  forfeitures,  by  way  of  damages  for  their 
violation,  which  may  be  sued  for  and  collected  in  the  name  of 
the  board  before  any  court  having  jurisdiction  of  such  action. 

Same:  Erection  of  Buildings. 

SEC.  491.  The  board  of  regents  are  authorized  to  ex- 
pend such  portion  of  the  income  of  the  University  fund  as 


IDAHO    SCHOOL   LAWS.  83 

they  may  deem  expedient  for  the  erection  of  suitable  buildings 
and  the  purchase  of  apparatus,  a  library,  cabinets  and  additions 
thereto. 

Duties  of  Treasurer. 

SEC.  492.  The  treasurer  of  said  board  shall,  out  of  any 
moneys  in  his  hands  belonging  to  said  board,  pay  all  orders 
drawn  upon  him  by  the  president  and  secretary  thereof,  when 
accompanied  by  vouchers  fully  explaining  the  character  of  the 
expenditure,  and  the  books  and  accounts  of  the  treasurer  shall 
at  all  times  be  opened  to  the  inspection  of  the  board.  The 
treasurer  shall  make  an  annual  report  to  the  president  of  the 
board  of  all  transactions  connected  with  the  duties  of  his  office. 

Report  of  Regents. 

SEC.  493.  At  the  close  of  each  fiscal  year,  the  regents, 
through  their  president,  shall  make  a  report  in  detail  to  the 
Governor,  exhibiting  the  progress,  conditions  and  wants  of  the 
University,  the  courses  of  study,  the  number  of  professors  and 
students,  the  amount  of  receipts  and  disbursements,  together 
with  the  nature,  costs  and  results  of  all  important  investiga- 
tions and  experiments,  and  such  other  information  as  they  may 
deem  important. 

Expenses  of  Regents. 

SEC.  494.  The  regents  shall  receive  the  actual  amount 
of  their  expenses  in  traveling  to  and  from,  and  in  attendance 
upon,  all  meetings  of  the  board,  or  incurred  in  the  performance 
of  any  duty  in  pursuance  of  any  direction  of  the  board.  Ac- 
counts of  such  expenses  shall  be  duly  authenticated  and  audited 
by  the  board  and  be  paid  on  their  order  by  the  treasurer  out  of 
any  fund  belonging  to  the  University  not  otherwise  appro- 
priated ;  no  regent  shall  receive  any  pay,  mileage  or  per  diem, 
except  as  above  prescribed/ 

Powers  of  President  and  Faculty. 

SEC.  495.  The  president  of  the  University  shall  be  presi- 
dent of  the  faculty,  or  of  the  several  faculties  as  they  may 
be  hereafter  established,  and  the  executive  head  of  the  instruc- 
tional force  in  all  its  departments.  As  such,  he  shall  have  au- 
thority, subject  to  the  board  of  regents,  to  give  general  direc- 
tion to  the  instruction  and  scientific  investigation  of  the  Uni- 
versity, and  so  long  as  the  interests  of  the  institution  require  it, 
he  shall  be  charged  with  the  duties  of  one  of  the  professorships. 
The  immediate  government  of  the  University  shall  be  in- 


84  IDAHO    SCHOOL   LAWS. 

trusted  to  the  faculty,  but  the  regents  shall  have  the  power 
to  regulate  the  courses  of  instruction,  and  prescribe  the  books 
or  works  to  be  used  in  the  several  courses,  and  also  to  confer 
such  degrees  and  grant  such  diplomas  as  are  usual  in  Uni- 
versities, or  as  they  shall  deem  appropriate,  and  to  confer  upon 
the  faculty,  by  by-laws,  the  power  to  suspend  or  expel  students 
for  misconduct  or  other  cause  prescribed  by  such  by-laws. 

Departments  of  University. 

SEC.  496.  The  object  of  the  University  of  Idaho  shall 
be  to  provide  the  means  of  acquiring  a  thorough  knowledge  of 
the  various  branches  of  learning  connected  with  scientific, 
industrial  and  professional  pursuits,  and  to  this  end  it  shall 
consist  of  the  following  colleges  or  departments,  to-wit : 

1.  The  College  or  Department  of  Arts. 

2.  The  College  or  Department  of  Letters. 

3.  The  professional  or  other  colleges  or  departments,  as 
may  from  time  to  time  be  added  thereto  or  connected  therewith. 

Same. 

SEC.  497.  The  college  or  department  of  arts  shall  em- 
brace courses  of  instruction  in  mathematical,  physical  and 
natural  sciences,  with  their  application  to  the  industrial  arts, 
such  as  agriculture,  mechanics,  engineering,  mining  and  met- 
allurgy, manufactures,  architecture  and  commerce,  and  such 
branches  included  in  the  college  of  letters  as  shall  be  necessary 
to  a  proper  fitness  of  the  pupils  in  the  scientific  and  practical 
courses  for  their  chosen  pursuits;  and  as  soon  as  the  income 
of  the  University  will  allow,  in  such  order  as  the  wants  of  the 
public  shall  seem  to  require,  the  said  courses  in  the  sciences 
and  their  application  to  the  practical  arts  shall  be  expanded  into 
distinct  colleges  of  the  University,  each  with  its  own  faculty 
and  appropriate  title.  The  college  of  letters  shall  be  co-existent 
with  the  college  of  arts  and  shall  embrace  a  liberal  course  of 
instruction  in  language,  literature  and  philosophy f  together 
with  such  courses  in  the  college  of  arts  as  the  regents  of  the 
University  shall  prescribe. 

Woman  Students  Admitted. 

SEC.  498.  The  University  sh$all  be  open  to  female  as 
well  as  male  students,  under  such  regulations  and  restrictions 
as  the  board  of  regents  may  deem  proper. 


IDAHO    SCHOOL   LAWS.  85 

Tuition  Not  Required. 

SEC.  499.  No  student  who  shall  have  been  a  resident  of 
the  State  for  one  year  next  preceding  his  admission  shall  be 
required  to  pay  any  fees  for  tuition  in  the  University,  except- 
ing in  a  professional  department  and  for  extra  studies.  The 
regents  may  prescribe  rates  of  tuition  for  any  pupil  in  .a 
professional  department,  or  who  shall  not  have  been  a  resident 
as  aforesaid,  and  for  teaching  extra  studies. 


CHAPTER  II. 

LEWISTON  NORMAL  SCHOOL. 
Establishment  of  School. 

SEC.  500.  A  normal  school  for  the  State  of  Idaho  is 
hereby  established  in  the  City  of  Lewiston,  in  the  County  of 
Nez  Perce,  to  be  called  the  Lewiston  State  Normal  School, 
the  purpose  of  which  shall  be  training  and  educating  teachers 
in  the  art  of  instruction  and  governing  in  the  public  schools 
of  this  State,  and  teaching  the  various  branches  that  pertain 
to  a  common  school  education. 

Constitution  of  Board  of  Trustees. 

SEC.  501.  The  said  Lewiston  State  Normal  School  shall  be 
under  the  direction  of  a  board  of  trustees  to  be  known  as  "The 
Board  of  Trustees  of  the  Lewiston  State  Normal  School." 
The  said  board  of  trustees  shall  consist  of  seven  members,  one 
of  whom  shall  be  the  State  Superintendent  of  Public  Instruc- 
tion ex-officio.  The  remaining  six  members  shall  be  the  pres- 
ent trustees,  who  shall  hold  office  for  the  term  for  which  they 
were  appointed  in  the  same  manner  as  if  these  Codes  had  not 
been  enacted.  Their  successors  shall  be  appointed  for  the  term 
of.  six  years  by  the  Governor  of  the  State  of  Idaho,  by  and 
with  the  advice  and  consent  of  the  Senate,  the  terms  of  two 
of  said  appointed  trustees  expiring  on  the  twenty-seventh  day 
uf  January  of  every  odd  numbered  year.  The  Governor  shall 
fill  by  appointment  all  vacancies  that  may,  from  any  cause, 
occur  in  said  board  of  trustees.  Before  entering  upon  the 
duties  of  his  office,  each  of  said  trustees  shall  take  and  sub- 
scribe an  oath  or  affirmation,  before  some  person  duly  au- 
thorized to  administer  the  same,  that  he  will  support  the  Con- 
stitution of  the  United  States  and  of  the  State  of  Idaho,  and 
will  faithfully  and  impartially  discharge  the  duties  of  the 


86  IDAHO    SCHOOL   LAWS. 

office  of  trustee  of  the  Lewiston  State  Normal  School,  which 
oath  or  affirmation  shall  be  filed  in  the  office  of  the  secretary 
of  State. 

Meetings,  Officers,  and  Proceedings  of  Board. 
%  SEC.  502.  The  said  board  of  trustees  may  conduct  its  pro- 
ceedings in  such  manner  as  will  best  conduce  to  the  proper  dis- 
patch of  business.  A  majority  of  the  board  of  trustees  shall 
constitute  a  quorum  for  the  transaction  of  business,  but  a  less 
number  may  adjourn  from  time  to  time.  No  member  of  said 
board  of  trustees  shall  participate  in  any  proceeding  in  which 
he  has  any  pecuniary  interest.  Every  vote  and  official  act 
of  the  said  board  of  trustees  shall  be  entered  of  record.  Said 
board  of  trustees  shall  have  an  official '  seal,  which  shall  be 
judicially  noticed.  Said  board  of  trustees  may  sue  and  be  sued. 
No  vacancy  in  the  board  of  trustees  shall  impair  the  right  of 
the  remaining  trustees  to  exercise  all  the  powers  of  the  said 
board  of  trustees.  At  their  first  meeting,  and  annually  there- 
after, the  said  board  of  trustees  shall  elect  from  their  number 
a  president  and  a  secretary.  The  State  Teasurer  shall  be  ex- 
officio  treasurer  of  said  board  of  trustees.  It  shall  be  the  duty 
of  the  secretary  to  keep  an  exact  and  detailed  account  of  the 
doings  of  said  board,  and  an  itemized  account  of  all  expendi- 
tures authorized  by  said  board. 

General  Powers  and  Duties  of  Board. 

SEC.  503.  The  said  board  of  trustees  are  hereby  author- 
ized, and  it  is  made  their  duty,  to  take  and  at  all  times  to  have 
general  supervision  and  control  of  all  buildings  and  property 
appertaining  to  said  Normal  School;  and  to  have  general 
charge  and  control  of  the  construction  of  all  buildings  to  be 
built.  They  shall  have  power  to  let  contracts  for  building 
and  completion  of  any  such  buildings  and  the  entire  super- 
vision of  their  construction. 

Same:  Control  of  Funds. 

SEC.  504.  One-half  of  all  funds  appropriated  for  the  use 
and  benefit  of  normal  schools  in  the  State  of  Idaho,  from  every 
source,  including  sales  of  land  donated  by  the  government  of 
the  United  States  to  the  State  of  Idaho,  for  the  establishment 
and  maintenance  of  State  normal  schools,  shall  be  under  the 
direction  and  control  of  the  said  board  of  trustees  subject  to 
the  provisions  herein  contained.  The  treasurer  of  the  board 
shall  pay  out  of  such  funds  all  orders  or  drafts  for  money 
to  be  expended  under  the  provisions  of  this  chapter  Such 


IDAHO    SCHOOL   LAWS.  °/ 

orders  or  drafts  shall  be  drawn  by  the  State  Auditor  on  cer- 
tificates of  the  secretary,  countersigned  by  the  president,  of 
the  said  board  of  trustees.  No  such  certificates  shall  be  given 
except  upon  accounts  audited  and  allowed  by  the  said  board; 
Provided,  Not  more  than  fifty  thousand  acres  of  said  lands  shall 
ever  be  sold  for  said  purpose  of  establishing  and  maintaining 
the  Lewiston  State  Normal  School,  and  said  board  of  trustees 
shall  never  use  more  of  said  funds  than  necessary  for  the  pur- 
pose of  carrying  out  the  provisions  of  this  chapter. 

Meetings  of  Board. 

SEC.  505.  The  board  of  trustees  shall  hold  two  regular 
meetings  annually,  at  the  said  City  of  Lewiston,  but  special 
meetings  may  be  called  by  the  president  of  the  board  by  sending 
written  notice,  at  least  ten  days  before  such  meeting,  to  each 
member. 

Election  of  Principal. 

SEC.  506.  The  board  of  trustees  shall  have  power  to  elect 
a  principal  and  all  other  teachers  that  may  be  deemed  necessary, 
to  fix  salaries  of  the  same  and  to  prescribe  their  duties.  They 
shall  have  power  to  remove  either  the  principal,  assistant  or 
teachers,  and  appoint  others  in  their  stead. 

Course  of  Study,  Certificates  and  Diplomas. 

SEC.  507.  It  shall  be  the  duty  of  the  board  of  trustees  to 
prescribe  the  course  of  study  and  the  time  and  standard  of 
graduation,  and  to  issue  such  certificates  and  diplomas  as 
may  from  time  to  time  be  deemed  suitable.  These  certificates 
and  diplomas  shall  entitle  the  holder  to  teach  in  the  public 
schools  of  any  county  in  this  State  for  the  time  and  in  the 
grade  specified  in  the  certificate  or  diploma. 

Text  Books,  Supplies  and  Apparatus. 

SEC.  508.  The  board  of  trustees  shall  prescribe  the  text 
books,  apparatus,  and  furniture,  and  provide  the  same,  to- 
gether with  all  necessary  stationery  for  the  use  of  pupils. 

Training  or  Model  Schools. 

SEC.  509.  The  board  of  trustees  shall,  when  deemed  ex- 
pedient, establish  and  maintain  a  training  or  model  school  or 
schools,  in  which  the  pupils  of  the  normal  school  shall  be 
required  to  instruct  classes  under  the  supervision  and  direction 
of  experienced  teachers. 


IDAHO    SCHOOL   LAWS. 

Admission  of  Pupils. 

SEC.  510.  The^board  of  trustees  shall  ordain  such  rules 
and  regulations  for  the  admission  of  pupils  to  said  Normal 
School  as  they  shall  deem  necessary  and  proper.  All  classes 
may  be  admitted  into  the  said  normal  school  who  are  admitted 
without  restriction  into  the  public  schools  of  the  State;  Pro- 
vided, The  applicant,  if  a  male,  must  be  not  less  than  sixteen 
years  of  age,  or  if  a  female,  not  less  than  fifteen  years  of  age. 
Applicants  must  also  present  letters  of  recommendation  from 
the  county  superintendent  of  public  instruction  of  the  county 
in  which  they  reside,  certifying  to  their  good  moral  character 
and  their  fitness  to  enter  the  Normal  School.  Before  enter- 
ing all  applicants  must  sign  the  following  declaration:  "We 
hereby  declare  that  our  purpose  in  entering  the  Lewiston 
State  Normal  School  is  to  fit  ourselves  for  the  profession  of 
teaching,  and  that  it  is  our  intention  to  engage  in  teaching 
in  the  public  schools  of  this  State." 

Same:  Pupils  From  Other  States. 

SEC.  511.  Pupils  from  other  States  and  Territories  may 
be  admitted  to  all  the  privileges  of  the  said  Normal  School, 
on  presenting  letters  of  recommendation  from  the  Executive 
or  State  School  Superintendent  thereof,  and  the  payment  of 
one  hundred  dollars.  Pupils  from  other  states  shall  not  be  re- 
quired to  sign  the  declaration  named  in  the  foregoing  section. 

Scientific  Lectures. 

SEC.  512.  Lectures  in  chemistry,  comparative  anatomy, 
agricultural  chemistry,  and  any  other  science  or  any  other 
branch  of  literature  that  the  board  of  trustees  may  direct,  may 
be  delivered  to  those  attending  such  school,  in  such  manner  and 
on  such  conditions  as  the  board  of  trustees  may  prescribe. 

Expenses  of  Trustees. 

SEC.  513.  The  actual  and  necessary  personal  expenses  in- 
curred by  the  members  of  the  board  of  trustees,  in  carrying 
out  the  provisions  of  this  chapter,  shall  be  paid,  on  the  proper 
certificate,  out  of  any  funds  belonging  to  said  Normal  School 
in  the  hands  of  the  treasurer. 

Government  of  School  and  Pupils. 

SEC.  514.  The  board  of  trustees,  in  their  regulations,  and 
the  principal  and  assistants  in  their  supervision  and  govern- 
ment of  the  said  school,  shall  exercise  a  watchful  guardianship 
over  the  morals  of  the  pupils  at  all  times  during  their  attend- 
ance upon  the  same,  but  no  religious  or  sectarian  tests  shall  be 


IDAHO    SCHOOL   LAWS.  89 

applied  in  the  selection  of  teachers,  and  none  shall  be  adopted 
in  said  school. 

Report  of  Trustees. 

SEC.  515.  The  president  and  secretary  of  the  board  of 
trustees  shall,  on  or  before  the  first  day  of  December  of  each 
year,  transmit  to  the  Governor  of  the  State,  a  full  report  of 
the  doings  of  the  said  board  of  trustees,  the  progress  and  con- 
dition of  the  said  Normal  School,  together  with  a  full  report 
of  the  expenditures  of  the  same  for  the  previous  year,  setting 
forth  each  item  in  full,  and  the  date  thereof,  and  such  recom- 
mendations as  they  deem  proper  for  the  good  of  said  Normal 
School. 


CHAPTER  III. 

ALBION  NORMAL  SCHOOL. 
Establishment  of  School. 

SEC.  516.  A  Normal  School  for  the  State  of  Idaho  is 
hereby  established  at  or  near  the  Town  of  Albion,  in  the 
County  of  Cassia,  to  be  called  the  Albion  State  Normal  School, 
the  purpose  of  which  will  be  training  and  educating  teachers 
in  the  art  of  instruction  and  governing  in  the  public  schools 
of  the  State,  and  teaching  the  various  branches  that  pertain 
to  a  good  common  school  education. 

Constitution  of  Board  of  Trustees. 

SEC.  517.  The  Albion  State  Normal  School  shall  be  under 
the  direction  of  non-partisan  board  of  trustees,  consisting  of 
six  members — exclusive  of  the  State  Superintendent  of  Public 
Instruction,  who  is  ex-officio  a  member  of  said  board — no 
more  than  four  of  whom  shall  be  of  the  same  political  party. 
Said  board  shall  be  known  as  the  "Board  of  Trustees  of  the 
Albion  State  Normal  School."  The  board  of  trustees  as  at 
present  constituted  shall  continue  to  hold  office  during  the 
respective  terms  of  the  members  thereof,  and  their  successors 
shall  be  appointed  for  the  term  of  six  years  from  and  after  the 
fifth  day  of  March,  by  the  Governor  of  the  State  of  Idaho, 
by  and  with  the  advice  and  consent  of  the  Senate,  and  in 
such  a  manner  that  two  trustees  shall  be  appointed  each  odd 
numbered  year.  It  shall  be  the  duty  of  the  Governor  to  fill, 
by  appointment,  all  vacancies  that  may  from  any  cause  occur 
in  said  board  of  trustees.  Before  entering  upon  the  duties  of 
their  office,  each  of  the  trustees  provided  for  in  this  chapter 


QO  IDAHO    SCHOOL   LAWS. 

shall  take  and  subscribe  an  oath  or  affirmation  that  he  will 
support  the  Constitution  of  the  United  States,  and  the  Con- 
stitution and  Laws  of  the  State  of  Idaho,  and  will  faithfully 
and  impartially  discharge  the  duties  of  said  office,  which  oath 
or  affirmation  shall  be  filed  in  the  office  of  the  secretary  of 
State. 

Title  to  Property. 

SEC.  518.  All  the  rights,  powers,  duties,  and  title  to  real 
estate  or  personal  property  belonging  to  or  vested  in  said 
Normal  School  are  hereby  vested  in  the  trustees  of  said  school 
herein  provided  for. 

Proceedings  of  Board. 

SEC.  519.  The  said  board  of  trustees  may  conduct  its  pro- 
ceedings in  such  manner  as  will  best  conduce  to  the  proper 
dispatch  of  business.  A  majority  of  the  board  of  trustees  shall 
constitute  a  quorum  from  time  to  time.  No  member  of  said 
board  of  trustees  shall  participate  in  any  proceeding  in  which 
he  has  any  pecuniary  interest.  Every  vote  and  official  act 
of  the  sai'd  board  of  trustees  shall  be  entered  of  record. 
Said  board  of  trustees  shall  have  an  official  seal, 
which  shall  be  judicially  noticed.  Said  board  of  trustees  may 
sue  and  be  sued.  No  vacancy  in  the  board  of  trustees  shall 
impair  the  right  of  the  remaining  trustees  to  exercise  all  the 
powers  of  the  said  board  of  trustees.  At  their  first  meeting, 
and  annually  thereafter,  the  said  board  of  trustees  shall  elect 
from  their  number  a  president  and  secretary.  The  State  Treas- 
urer shall  be  ex-officio  treasurer  of  said  board  of  trustees. 
It  shall  be  the  duty  of  the  secretary  to  keep  an  exact  and  de- 
tailed account  of  the  doings  of  said  board,  and  an  itemized 
account  of  all  expenditures  by  said  board. 

Control  of  Buildings. 

SEC.  520.  The  said  board  of  trustees  are  hereby  author- 
ized, and  it  is  made  their  duty,  to  take  and  at  all  times  to  have 
general  supervision  and  control  of  all  buildings  and  property 
appertaining  to  said  Normal  School,  and  to  have  general 
charge  and  control  of  the  construction  of  all  buildings  to.  be 
built.  They  shall  have  power  to  let  contracts  for  building  and 
completion  of  any  such  buildings,  and  the  entire  supervision 
of  their  construction. 

Control  of  Funds. 

SEC.  521.  All  funds  appropriated  for  the  use  and  benefit 
of  said  Normal  School,  from  every  source,  including  the  pro 


IDAHO    SCHOOL  LAWb.  91 

rata  share  of  the  available  proceeds  of  sales  of  lands  granted 
by  the  Government  of  the  United  States  to  the  State  of  Idaho 
for  the  establishment  and  maintenance  of  State  Normal  Schools 
due  to  said  Normal  School,  shall  be  under  the  direction  and 
control  of  the  said  board  of  trustees  subject  to  the  provisions 
herein  contained.  The  treasurer  of  the  board  of  trustees  shall 
pay  out  of  such  funds  all  orders  or  drafts  for  money  to  be 
expended  under  the  provisions  of  this  chapter.  Such  orders 
or  drafts  shall  be  drawn  by  the  State  Auditor  on  certificates 
of  the  secretary,  countersigned  by  the  president  of  said  board 
of  trustees  and  approved  by  the  State  Board  of  Examiners. 
No  such  certificates  shall  be  given  except  on  accounts  audited 
and  allowed  by  said  board  of  trustees. 

Meetings  of  Board. 

SEC.  522.  The  board  of  trustees  shall  hold  two  regular 
meetings  annually,  at  the  said  Town  of  Albion,  but  special 
meetings  may  be  called  by  the  president  of  the  board  by  send- 
ing notice  of  at  least  ten  days  to  each  member. 

Election  and  Removal  of  Principal  and  Teachers. 

SEC.  523.  The  board  of  trustees  shall  have  power  to  elect 
a  principal  and  all  other  teachers  that  may  be  deemed  necessary, 
to  fix  the  salaries  of  the  same  and  to  prescribe  their  duties. 
They  shall  have  power  to  remove  either  the  principal,  assistant, 
or  teachers,  and  appoint  others  in  their  stead. 

Course  of  Study,  Certificates  and  Diplomas. 

SEC.  524.  It  shall  be  the  duty  of  the  board  of  trustees 
to  prescribe  the  course  of  study,  and  the  time,  and  standard, 
of  graduation,  and  to  issue  such  certificates  and  diplomas  as 
may  from  time  to  time  be  deemed  suitable.  These  certificates 
and  diplomas  shall  entitle  the  holders  to  teach  in  the  public 
schools  in  any  county  in  this  State  for  the  time  and  in  the 
grade  specified  in  the  certificate  or  diploma. 

Text  Books,  Apparatus  and  Furniture. 

SEC.  525.  The  board  of  trustees  shall  prescribe  the  text 
books,  apparatus,  and  furniture,  and  provide  the  same,  to- 
gether with  all  necessary  stationery  for  the  use  of  pupils. 

Training  or  Model  Schools. 

SEC.  526.  The  board  of  trustees  shall,  when  deemed  ex- 
pedient, establish  and  maintain  a  training  or  model  school  or 
schools  in  which  the  pupils  of  the  Normal  School  shall  be 


92  IDAHO    SCHOOL   LAWS. 

required  to  instruct  classes,  under  the  supervision  and  direction 
of  experienced  teachers. 

Admission  of  Pupils. 

SEC.  527.  The  board  of  trustees  shall  ordain  such  rules 
and  regulations  for  the  admission  of  pupils  to  said  Normal 
School  as  they  shall  deem  necessary  and  proper.  All 
classes  may  be  admitted  into  the  said  Normal  School 
who  are  admitted  without  restriction  into  the  public 
schools  of  the  State;  Provided,  The  applicant,  if  a  male, 
must  be  not  less  than  sixteen  years  of  age,  or  if  a  female,  not 
less  than  fifteen  years  of  age.  Applicants  must  also  present 
letters  of  recommendation  from  the  county  superintendent  of 
public  instruction,  of  the  county  in  which  they  reside,  certifying 
to  their  good  moral  character  and  their  fitness  to  enter  the 
Normal  School.  Before  entering,  all  applicants  must  sign  the 
following  declaration :  "We  hereby  declare  that  our  purpose 
in  entering  the  Albion  State  Normal  School  is  to  fit  ourselves 
for  the  profession  of  teaching,  and  that  it  is  our  intention  to 
engage  in  teaching  in  the  public  schools  of  this  State." 

Same :  Pupils  From  Other  States. 

SEC.  528.  Pupils  from  other  States  and  Territories  may 
be  admitted  to  all  the  privileges  of  said  Normal  School  on 
presenting  letters  of  recommendation  from  the  Executive,  or 
State  School  Superintendent  thereof,  and  paying  such  tuition 
fee  as  the  board  of  trustees  may  prescribe.  Each  of  such  pupils 
must  sign  the  following  declaration:  "I  hereby  declare  that 
my  purpose  in  entering  the  Albion  State  Normal  School  is  to 
fit  myself  for  the  profession  of  teaching." 

Lecture  Courses. 

SEC.  529.  Lectures  in  chemistry,  comparative  anatomy, 
the  mechanical  arts,  agricultural  chemistry,  and  any  other 
science,  or  any  other  branch  of  literature  that  the  board  of 
trustees  may  direct,  may  be  delivered  to  those  attending  such 
school,-  in  such  manner  and  on  such  conditions  as  the  board  of 
trustees  may  prescribe. 

Expenses  of  Board. 

SEC.  530.  The  actual  and  necessary  personal  expenses  in- 
curred by  the  members  of  said  board  of  trustees  in  carrying 
out  the  provisions  of  this  chapter  shall  be  paid  on  the  proper 
certificate  out  of  any  funds  belonging  to  said  Normal  School, 
in  the  hands  of  the  treasurer. 


IDAHO    SCHOOL   LAWS.  93 

Report  to  Governor. 

SEC.  531.  The  president  and  secretary  of  the  said  board 
trustees  shall,  on  the  first  days  of  January  and  July  of  each 
year,  transmit  to  the  Governor  of  the  State  a  full  report  of  the 
doings  of  the  said  board  of  trustees  and  the  progress  and  con- 
dition of  the  said  Normal  School,  together  with  a  full  report 
of  the  expenditures  of  the  same  for  the  previous  six  months, 
setting  forth  each  item  in  full,  and  the  date  thereof,  and  such 
recommendations  as  they  deem  proper  for  the  good  of  said 
Normal  School. 

Supervision  of  Pupils. 

SEC.  532.  The  board  of  trustees  in  their  regulations,  and 
the  principal  and  assistant  in  their  supervision  and  government 
of  the  said  school,  shall  exercise  a  watchful  guardianship  over 
the  morals  of  the  pupils  at  all  times  during  their  attendance 
upon  the  same,  but  no  religious  or  sectarian  test  shall  be  ap- 
plied in  the  selection  of  teachers,  and  none  shall  be  adopted  in 
the  said  school. 


CHAPTER  V. 
ACADEMY  OF  IDAHO. 

Establishment  of  Academy. 

SEC.  545.  A  school  which  shall  be  called  the  Academy  of 
Idaho,  is  hereby  established  at  the  City  of  Pocatello,  Idaho, 
the  purpose  of  which  shall  be  the  teaching  of  all  branches  com- 
monly taught  in  academies,  including  also  the  various  studies 
pertaining  to  a  good  common  school  education,  and  such  spe- 
cial courses  as  are  usually  taught  in  business  colleges. 

Board  of  Trustees.    Constitution. 

SEC.  546.  A  non-partisan  board  of  trustees  to  be  known 
as  the  "Board  of  Trustees  of  the  Academy  of  Idaho,"  con- 
sisting of  six  members,  no  more  than  three  of  whom  shall  be 
of  the  same  political  party,  is  hereby  created  for  the  manage- 
ment and  control  of  said  Academy.  Said  trustees  shall  be  aj*- 
pomted  by  the  Governor  by  and  with  the  advice  and  consent 
of  the  Senate  for  terms  of  six  years,  and  until  their  successors 
are  appointed  and  qualified ;  Provided,  That  two  members  of 
said  board  shall  be  appointed  each  odd  numbered  year,  and  the 
present  trustees  shall  hold  office  to  the  expiration  of  the  terms 
for  which  they  were  appointed,  in  the  same  manner  as  if  these 


94  IDAHO    SCHOOL  LAWS. 

Codes  had  not  been  enacted.  It  shall  be  the  duty  of  the  Gov- 
ernor to  fill  by  appointment  all  vacancies  that  may  from  any 
cause  occur  in  the  board  of  trustees.  Before  entering  upon  the 
duties  of  their  office,  each  of  said  trustees  shall  take  and  sub- 
scribe an  oath  or  affirmation  that  he  will  suport  the  Consti- 
tution of  the  United  States,  and  the  Constitution  and 
laws  of  the  State  of  Idaho,  and  will  faithfully  and 
impartially  discharge  the  duties  of  said  office,  which  oath,  or 
affirmation  shall  be  filed  in  the  office  of  the  Secretary  of  State. 

Same :  Title  to  Property. 

SEC.  547.  All  rights  in  and  title  to  real  estate  or  personal 
property  belonging  to  or  vested  in  said  Academy  are  hereby 
vested  in  said  board  of  trustees. 

Same:  Proceedings  of  Board. 

SEC.  548.  The  said  board  of  trustees  may  conduct  its  pro- 
ceedings in  such  manner  as  will  best  conduce  to  the  proper 
dispatch  of  business.  A  majority  of  the  board  of 
trustees  shall  constitute  a  quorum  for  the  transaction 
of  business,  but  a  smaller  number  may  adjourn  from 
time  to  time.  No  member  of  said  board  of  trustees 
shall  participate  in  any  proceedings  in  which  he  has 
any  pecuniary  interest.  Every  vote  and  official  act  of 
said  board  of  trustees  shall  be  entered  of  record.  Said  board  of 
trustees  shall  have  an  official  seal  which  shall  be-  judicially 
noticed.  Said  board  of  trustees  may  sue  and  be  sued.  No 
vacancy  in  the  board  of  trustees  shall  impair  the  right  of 
the  remaining  trustees  to  exercise  all  the  powers  of  said  board 
of  trustees.  At  their  first  meeting  and  annually  thereafter, 
the  said  board  shall  elect  from  their  number  a  president  and  a 
secretary.  The  State  Treasurer  shall  be  ex-officio  treasurer  of 
said  board  of  trustees.  It  shall  be  the  duty  of  the  secretary  to 
keep  an  exact  and  detailed  account  of  the  doings  of  said  board, 
and  an  itemized  account  of  all  the  expenditures  authorized  by 
said  board. 

Control  of  Board  Over  Buildings. 

SEC.  549.  The  said  board  of  trustees  are  hereby  author- 
ized, and  it  is  made  their  duty,  to  take  and  at  all  times  to  have 
general  supervision  and  control  of  all  buildings  and  property 
appertaining  to  said  Academy,  and  to  have  general  charge  and 
control  of  the  construction  of  all  buildings  to  be  built.  They 
shall  have  power  to  let  contracts  for  building  any  such  build- 
ings, and  also  the  entire  supervision  of  their  construction. 


IDAHO    SCHOOL   LAWS.  95 

Appropriation  of  Lands  to  Academy. 

SEC.  550.  Forty  thousand  acres  of  the  lands  granted  to  the 
State  of  Idaho  by  an  act  of  Congress,  entitled  "An  act  to  pro- 
vide for  the  admission  of  the  State  of  Idaho  into  the  Union," 
approved  July  3,  1890,  "for  other  State  charitable,  educational, 
penal  and  reformatory  institutions,"  are  hereby  appropriated 
and  set  apart  for  the  exclusive  use  and  benefit  of  said  Acad- 
emy, said  lands  to  be  held,  disposed  of,  and  the  proceeds  thereof 
used  and  applied  for  the  benefit  of  said  Academy,  subject  to 
the  provisions  of  said  admission  bill  and  of  the  Constitution 
of  the  State  of  Idaho,  and,  so  far  as  may  be  practicable,  in 
conformity  with  the  established  procedure  of  holding,  disposing 
of,  and  applying  the  proceeds  of  the  sales  of  lands  granted  for 
the  establishment  and  maintenance  of  State  Normal  Schools  in 
Idaho. 

Funds;  Allowance  of  Bills. 

SEC.  551.  All  funds  appropriated  for  the  use  and  benefit 
of  said  Academy,  from  every  source,  including  the  available 
proceeds  from  the  sales  of  said  lands,  and  the  sale  of  bonds 
provided  for  said  Academy,  shall  be  under  the  control  and 
direction  of  said  board  of  trustees,  subject  to  the  provisions 
herein  contained.  The  treasurer  of  the  board  of  trustees  shall 
pay  out  of  such  funds  all  orders  or  drafts  for  money  to  be  ex- 
pended under  the  provisions  of  this  chapter.  Such  orders  or 
drafts  shall  be  drawn  by  the  State  Auditor  upon  certificates  of 
the  secretary  countersigned  by  the  president  of  said  board  of 
trustees,  and  approved  by  the  State  Board  of  Examiners.  No 
such  certificates  shall  be  given  except  on  accounts  audited  and 
allowed  by  said  board  of  trustees. 

Meetings  of  Board. 

SEC.  552.  The  board  of  trustees  shall  hold  two  regular 
meetings  annually,  at  the  City  of  Pocatello,  but  special  meet- 
ings may  be  called  by  the  president  of  the  board  by  sending 
written  notice  of  at  least  ten  days  to  each  member. 

Teachers,  Course  of  Study  and  Text  Books. 

SEC.  553.  The  board  of  trustees  shall  have  power  to  elect 
a  principal  and  all  other  teachers  that  may  be  deemed  necessary, 
to  fix  the  salaries  of  the  same,  and  to  prescribe  their  duties. 
They  shall  have  power  to  remove  the  principal  or  teachers  and 
appoint  others  in  their  stead.  It  shall  be  the  duty  of  the 
board  of  trustees  to  prescribe  the  course  of  study  and  the  time 
and  standard  of  graduation,  and  to  issue  such  certificates  of 


96  IDAHO     SCHOOL   LAWS. 

graduation  and  diplomas  as  may  from  time  to  time  be  deemed 
suitable.  The  board  of  trustees  shall  prescribe  the  text  books, 
and  shall  provide  such  suitable  apparatus  and  furniture  from 
time  to  time  as  they  may  deem  necessary;  Provided,  That  for 
Ihe  purpose  of  prescribing  a  course  of  study,  but  for  that  pur- 
pose only,  the  president  of  the  State  University  and  the  State 
Superintendent  of  Public  Instruction  shall  be  ex-officio  mem- 
bers of  the  board  of  trustees. 

Rules  for  Admission  of  Pupils. 

SEC.  554.  The  board  of  trustees  shall  ordain  such  rules 
and  regulations  for  the  admission  of  pupils  to  said  Academy 
as  they  shall  deem  necessary  and  proper.  Pupils  from  other 
States  and  Territories  may  be  admitted  to  all  the  privileges  of 
such  Academy  upon  paying  such  reasonable  tuition  fee  as  the 
trustees  may  prescribe. 

Allowance  of  Expenses  to  Board. 

SEC.  555.  The  actual  and  necessary  personal  expenses  in- 
curred by  the  members  of  said  board  of  trustees  in  carrying  out 
the  provisions  of  this  chapter  shall  be  paid,  on  the  proper  cer- 
tificate, out  of  any  funds  belonging  to  said  Academy  in  the 
hands  of  the  treasurer. 

Report  to  Governor. 

SEC.  556.  The  president  and  secretary  of  said  board  of 
trustees  shall,  on  the  first  days  of  January  and  July  of  each 
year,  transmit  to  the  Governor  of  the  State  a  full  report  of 
the  doings  of  the  said  board  of  trustees,  the  progress  and  con- 
dition of  said  Academy,  together  with  a  full  report  of  the  ex- 
penditures of  the  same  for  the  previous  six  months,  setting 
forth  each  item  in  full,  and  the  date  thereof,  and  such  recom- 
mendations as  they  deem  proper  for  the  good  of  said  Academy. 

Guardianship  Over  Pupils. 

SEC.  557.  The  board  of  trustees  in  their  regulations,  and 
the  principal  and  assistants  in  their  supervision  and  govern- 
ment of  said  school,  shall  exercise  a  watchful  guardianship  over 
the  morals  of  the  pupils  at  all  times  during  their  attendance 
upon  the  same,  but  no  religious  or  sectarian  test  shall  be  applied 
in  the  selection  of  teachers,  and  none  shall  be  adopted  in  said 
school. 


IDAHO    SCHOOL   LAWS.  97 

PUBLIC  INSTITUTIONS. 


CHAPTER  III. 

SCHOOL  FOR  DEAF,  DUMB,  AND  BLIND. 
Board  of  Education  May  Make  Arrangements. 

SEC.  800.  The  State  Board  of  Education  is  hereby  em- 
powered and  authorized  to  make  the  necessary  arrangements 
for  the  education  of  the  deaf,  dumb  and  blind  of  this  State, 
including  the  providing  of  a  suitable  building  therefor,  and 
equipping  the  same  so  far  as  may  be  necessary,  including  also 
the  arranging  for  the  conveyance  of  the  scholars  to  and  from 
the  school,  at  the  expense  of  the  State,  and  including  the  hiring 
of  a  superintendent,  instructors  and  employes,  and  the  fixing  of 
their  compensation,  and  such  other  matters  as  may  be  necessary 
to  carry  into  effect  the  provisions  of  this  chapter;  Provided, 
however.  That  the  State  Board  of  Education  may,  if  it  be- 
comes necessary,  enter  into  contract  with  one  or  more  of  the 
adjacent  States  or  Territories  (having  an  institution  for  the 
education  of  the  deaf,  dumb  and  blind)  for  the  education  of 
the  deaf,  dumb  and  blind  of  the  State  of  Idaho,  upon  the 
most  economical  terms  possible;  Provided,  however,  That 
if  it  should  become  necessary  to  make  any  such  contract,  no 
more  than  three  hundred  dollars  per  year  shall  be  paid  for  each 
scholar's  instruction  and  board,  including  board  during  vaca- 
tion. 

Examination  of  Applicants. 

SEC.  80 1.  The  State  Board  of  Education  is  authorized  to 
provide  for  the  careful  examination  of  all  applicants  for  ad- 
mission to  the  school  to  be  provided  by  the  said  board,  and  the 
expenses  of  the  said  examinations,  and  for  other  expenses  in 
connection  with  the  education  of  the  deaf,  dumb,  and  blind, 
under  the  authority  conferred  by  this  chapter,  shall  be  paid 
out  of  the  State  Treasury,  as  provided  by  law. 

Definition  of  Deaf  and  Blind. 

SEC.  802.  All  children  between  the  ages  of  six  and  twenty- 
one  years,  who  are  too  deaf  or  too  blind  to  be  educated  in  our 
public  schools,  shall  be  deemed  deaf  and  blind  for  the  purposes 
of  this  chapter. 


98  IDAHO    SCHOOL   LAWS. 

Census  of  Deaf,  Dumb  and  Blind. 

SEC.  803.  It  shall  be  the  duty  of  the  Board  of  Education  to 
ascertain  the  number  of  deaf,  dumb  and  blind  persons  in  the 
State,  as  defined  by  the  preceding  section,  and,  as  soon  as 
practicable  thereafter,  to  take  the  necessary  steps  for  their 
education,  as  provided  for  in  this  chapter. 

Same:  Duty  of  District  Census  Marshals. 

SEC.  804.  It  is  hereby  made  the  duty  of  the  census  marshal 
of  each  school  district  in  the  State  of  Idaho,  when  he  shall 
enumerate  the  children  of  school  age  in  his  district,  to  care- 
fully ascertain  what  children  in  that  district  are  deaf  and  blind, 
as  defined  in  Section  802,  and  he  shall  note  the  name,  age  and 
sex  of  such  child  or  children,  also  the  name  of  parents  or 
guardian  or  other  person  having  the  legal  or  actual  charge  of 
such  child  or  children,  and  shall  report  the  same  to  the  county 
superintendent  of  public  instruction,  and  said  county  superin- 
tendent of  public  instruction  shall  immediately  report  the  same 
to  the  State  Superintendent  of  Public  Instruction. 


CHAPTER  IV. 

INDUSTRIAL  TRAINING  SCHOOL. 
GOVERNMENT  OF  SCHOOL. 

Establishment. 

SEC.  805.  A  State  Industrial  Training  School  is  hereby 
established  at  the  town  of  St.  Anthony,  in  Fremont  County, 
State  of  Idaho,  to  be  called  the  "Idaho  Industrial  Training 
School."  The  purpose  of  such  school  shall  be  the  care,  pro- 
tection, training  and  education  of  delinquent,  dependent  and 
neglected  children,  and  to  provide  for  the  care,  control  and  dis- 
charge of  juvenile  offenders. 

Board  of  Trustees. 

SEC.  806.  A  board  of  trustees  is  hereby  created  to  be 
known  as  the  board  of  trustees  of  the  Idaho  Industrial  Train- 
ing School,  consisting  of  four  members.  All  of  said  members 
shall  be  appointed;  two  shall  be  men  and  two  shall  be  women. 
No  more  than  two  shall  belong  to  one  political  party,  and  no 
more  than  one  shall  be  appointed  from  any  one  county,  and 
two  shall  be  interested  in  humanitarian  work.  Said  board 
of  trustees  shall  be  appointed  by  the  Governor  and  confirmed 


IDAHO    SCHOOL   LAWS.  99 

by  the  Senate  for  the  term  of  four  years,  and  until  their  suc- 
cessors are  appointed  and  qualified ;  Provided,  That  of  the  first 
board  appointed,  two  shall  hold  office  for  two  years  and  two 
for  four  years,  and  the  Governor  and  State  Superintendent  of 
Public  Instruction  shall  be  ex-officio  members  of  the  board  of 
trustees.  It  shall  be  the  duty  of  the  Governor  to  fill  by  ap- 
pointment all  vacancies  that  may  from  any  cause  occur  in  the 
board  of  trustees;  Provided,  That  he  shall  appoint  the  new 
member  from  the  political  party  of  the  retiring  member. 

Before  entering  upon  the  discharge  of  the  duties  of  their 
respective  offices,  each  member  shall  take  and  subscribe  an  oath, 
or  affirmation,  that  he  or  she  will  support  the  Constitution  of 
the  United  States  and  the  Constitution  of  the  State  of  Idaho, 
and  will  faithfully  discharge  the  duties  of  said  office,  which 
oath  or  affirmation  shall  be  filed  with  the  Secretary  of  State. 

Proceedings  of  Board. 

SEC.  807.  The  said  board  of  trustees  shall  conduct  its  pro- 
ceedings in  such  a  manner  as  will  best  conduce  to  the  proper 
dispatch  of  business.  A  majority  of  the  board  of  trustees  shall 
constitute  a  quorum  for  the  transaction  of  business,  but  a 
smaller  number  may  adjourn  from  time  to  time.  No  member 
of  said  board  of  trustees  shall  participate  in  any  proceedings  in 
which  he  or  she  has  a  personal  or  pecuniary  interest.  Every 
vote  and  official  act  of  said  board  of  trustees  shall  be  entered 
on  record. 

Said  board  of  trustees  shall  have  an  official  seal,  which  shall 
be  judicially  noticed.  Said  board  of  trustees  may  sue  and  be 
sued,  and  may  take,  in  the  name  of  the  State,  and  hold  in  trust 
for  the  school,  any  and  all  money,  real  estate  or  personal  prop- 
erty that  may  be  bequeathed  to  said  school. 

Officers  of  Board. 

SEC.  808.  At  their  first  meeting  and  biennially  thereafter, 
the  said  board  of  trustees  shall  elect  a  president  and  secretary. 
The  State  Treasurer  shall  be  ex-officio  treasurer  of  said  board 
of  trustees.  It  shall  be  the  duty  of  the  secretary  of  said  board 
to  keep  an  exact  and  detailed  account  of  the  doings  of  said 
board  and  an  itemized  account  of  all  expenditures  by  said 
board. 

General  Powers  of  Board. 

SEC.  809.  The  said  board  of  trustees  are  hereby  authorized, 
and  it  is  made  their  duty,  to  take  and  at  all  times  to  have 


100  IDAHO    SCHOOL   LAWS. 

general  supervision  and  control  of  all  buildings  to  be  con- 
structed. They  shall  have  power  to  let  contracts  for  the  erec- 
tion of  all  buildings,  and  also  the  entire  supervision  of  their 
construction.  All  buildings  for  housing  the  pupils  shall  be 
on  "Cottage  plan."  For  the  better  grading  of  inmates,  each 
cottage  shall  accommodate  not  more  than  twenty-five  persons. 

Meetings  of  Board. 

SEC.  8 10.  Said  board  of  trustees  shall  hold  two  meetings 
at  said  school,  annually,  but  special  meetings  may  be  called  by 
the  president  of  the  board,  by  sending  written  notices  of  at 
least  ten  days  to  each  member.  The  actual  and  necessary  per- 
sonal expenses  for  mileage  and  board  incurred  by  the  members 
of  said  board  of  trustees  in  carrying  out  the  provisions  of  this 
chapter,  shall  be  paid,  on  proper  certificates,  out  of  any  funds 
belonging  to  said  school  in  the  hands  of  the  treasurer. 

Control  of  Funds. 

SEC.  811.  All  funds  appropriated  for  the  use  and  benefit 
of  said  school  from  every  source,  including  the  available  in- 
.terest  arising  from  investment  of  the  proceeds  of  the  sale  of 
lands  set  apart  as  hereinafter  provided  for,  shall  be  under  the 
control  and  direction  of  said  board  of  trustees,  subject  to  the 
provisions  herein  contained.  The  treasurer  of  the  board  of 
trustees  shall  pay  out  of  such  funds  all  orders  or  drafts  for 
money  to  be  expended  under  provisions  of  this  chapter.  Such 
orders  or  drafts  shall  be  drawn  by  the  State  Auditor  upon  cer- 
tificates of  the  secretary,  countersigned  by  the  president  of 
the.  board  of  trustees,  and  shall  be  approved  by  the  State  Board 
of  Examiners.  No  such  certificates  shall  be  given  except  on 
accounts  audited  and  allowed  by  said  board  of  trustees. 

Appointment  and  Removal  of  Superintendent. 

SEC.  812.  The  board  of  trustees  shall  appoint  a  superin- 
tendent who  shall  be  especially  fitted  for  the  position,  and  shall 
be  a  person  experienced  in  such  work  as  is  intended  to  be 
carried  on  in  this  school.  He  shall  be  retained  as  long  as  his 
work  is  bringing  good  results,  irrespective  of  political  affili- 
ations. The  superintendent  shall,  before  entering  upon  the 
duties  of  his  office,  give  a  good  and  sufficient  bond,  to  be  ap- 
proved by  the  board  of  trustees,  conditioned  for  the  faithful 
discharge  of  his  duties.  The  superintendent  may  be  removed 
by  the  board  of  trustees  for  neglect  of  duty,  improper  conduct, 
malfeasance  in  office,  incompetency,  or  whenever  the  interests 
of  the  school  shall  be  best  subserved  thereby.  The  board  of 


IDAHO    SCHOOL   LAWS.  IO1 

tiustees  shall,  on  recommendation  of  the  superintendent,  ap- 
point an  assistant  superintendent,  who  may  be  removed  by  the 
superintendent. 

Appointment  and  Qualifications  of  Teachers. 

SEC.  813.  All  officers,  teachers  and  employes  shall  be  ap- 
pointed by  the  superintendent,  by  and  with  the  advice  and  con- 
sent of  the  board  of  trustees;  and  such  officers,  teachers  and 
employes  may  be  removed  by  the  superintendent  whenever  the 
interests  of  the  school  will  be  best  subserved  thereby.  All 
teachers,  except  specialists,  shall  hold  first-class  certificates  from 
the  State  Superintendent  of  Public  Instruction.  Specialists 
shall  hold  diplomas  from  some  accredited  school  in  their  spe- 
ciality. 

Trustees  to  Prescribe  Regulations  and  Fix  Salaries. 

SEC.  814.  The  superintendent  shall  conduct  the  said  school 
under  rules,  and  regulations  prescribed  by  the  board  of  trus- 
tees, and  said  board  of  trustees  shall  fix  the  salaries  of  all 
officers  and  teachers,  and  the  wages  of  all  employes. 

Reports  of  Superintendent. 

SEC.  815.  The  superintendent  shall,  at  the  close  of  each 
month,  present  to  the  board  of  trustees  a  written  report,  show- 
ing the  general  condition  of  the  schol,  the  number  of  inmates 
in  attendance,  the  number  of  tickets  of  leave  granted  and  such 
other  information,  together  with  such  suggestions  and  recom- 
mendations, as  may  be  to  the  best  interests  of  the  school.  He 
shall  have  charge  of  all  property  belonging  to  the  school,  and 
shall  keep  an  account  of  all  monthly  expenditures,  and  the  re- 
ceipts shall  be  certified  to  the  president  of  the  board  with  the 
social  condition  of  each  inmate  at  the  time  of  committal. 

Religious  Services. 

SEC.  8 1 6.  The  superintendent  shall  provide  for  the  hold- 
ing of  religious  services  on  the  Sabbath  day  for  the  inmates  of 
said  school,  but  no  sectarian  views  shall  control  the  services. 

State  Superintendent  to  Prescribe  Studies. 

SEC.  817.  The  State  Superintendent  of  Public  Instruction 
shall  prepare  courses  of  study  for  all  grades  in  the  school. 

School  Constitutes  an  Independent  District. 

SEC.  8 1 8.  The  said  school  with  all  appurtenances  thereto 
shall  be  and  it  is  hereby  declared  to  be,  an  independent  school 
district,  and  it  shall  not  be  taxed  for  other  school  purposes. 


IDAHO    SCHOOL   LAWS. 

Reports  to  Governor. 

SEC.  819.  The  president  and  secretary  of  the  board  of 
trustees  shall,  on  the  first  day  of  January  and  July  of  each  year, 
transmit  to  the  Governor  of  the  State  a  full  written  report  of 
the  doings  of  said  board  of  trustees,  the  progress  and  con- 
dition of  said  school,  together  with  a  full  report  of  the  expendi- 
tures and  receipts  for  the  previous  six  months,  setting  forth 
each  item  in  full  with  the  date  thereof,  and  such  recommend- 
ations as  they  deem  proper  for  the  good  of  the  school.  They 
shall  submit,  on  the  first  day  of  December  of  each  biennial 
year,  a  printed  report  of  all  proceedings  for  the  last  biennial 
period.  Provided,  Failure  to  file  a  printed  report  as  required 
shall  mean  forfeiture  of  bond. 

School  to  Be  Non-Sectarian. 

SEC.  820.  The  board  of  trustees,  in  their  regulations,  and 
the  superintendent  and  assistants,  shall  exercise  a  watchful 
guardianship  over  the  morals  of  the  pupils  at  all  times  during 
their  attendance  upon  the  same,  but  no  religious  or  sectarian 
test  shall  be  applied  in  the  selection  of  teachers,  and  none  shall 
be  adopted  in  the  school. 

Land  to  Be  Set  Aside  for  School. 

SEC.  821.  The  State  Board  of  Land  Commissioners  are 
hereby  directed,  and  it  is  made  their  duty,  to  set  aside  forty 
thousand  acres  of  land  granted  to  the  State  of  Idaho  by  the 
act  of  Congress  entitled  "An  act  to  provide  for  the  admission 
of  the  State  of  Idaho  into  the  Union,"  approved  July  3rd,  1890, 
for  other  State  charitable,  educational  or  penal  and  reformatory 
purposes,  for  the  exclusive  use  and  benefit  of  said  school.  Said 
lands  shall  be  held  and  disposed  of,  and  the  proceeds  thereof 
used  and  applied,  for  the  benefit  of  said  school,  subject  to  the 
provisions  of  said  admission  act  and  the  Constitution  of  the 
State  of  Idaho,  and,  so  far  as  may  be  practicable,  in  conformity 
with  the  established  procedure  of  holding,  disposing  of  and 
applying  the  proceeds  of  lands  granted  to  the  common  schools 
of  the  State  of  Idaho.  The  State  Board  of  Land  Commis- 
sioners are  directed  to  set  aside  forty  thousand  acres  of  land, 
if  selected,  and  if  not  selected,  to  use  the  utmost  dispatch  in 
selecting  and  setting  aside  the  same.  The  State  Board  of  Land 
Commissioners  are  hereby  directed  to  provide  separate  record 
books,  in  proper  form,  to  be  known  as  "Idaho  Industrial  Train- 
ing School  Records,"  in  which  shall  be  kept  all  records  of 
matters  relating  to  said  lands. 


IDAHO    SCHOOL   LAWS.  IO3 

Courses  of  Study. 

SEC.  822.  All  juveniles  sent  to  the  Idaho  Industrial  Train- 
ing- School  shall  be  taught  the  common  school  branches,  as 
taught  in  the  common  schools  of  Idaho,  together  with  such  in- 
dustrial and  manual  training  in  the  boys'  department,  and 
domestic  sciences  in  the  girls'  department,  that  the  boys  and 
girls  shall  be  enabled  to  earn  a  living  after  being  discharged 
therefrom. 


IDAHO    SCHOOL   LAWS. 

INDEX 


Section  Page 

Academy   of  Idaho 93 

Albion  Normal  School 89 

Apportionment  by  County  Superintendent ._  67  30 

Apportionment  for  New  District 51  2I 

Apportionment,  State • 66  30 

Arbor  Day — 188  77 

Assessment  and  Collection  of  Tax 56  24 

Board  of  Education,  State,  Article  I 

Course  of   Study 9  ° 

Employ   Assistance   18  7 

Examining  Board n  6 

Examination  Questions   -^ 10  6 

Encourage  Manual  Training — j/- 6  5 

General   Supervision  5 

Institutes    14  °" 

Officers   and   Meetings 15  6 

Office   16  7 

Place  of  Meeting 17  7 

Record  of  Examinations 12  6 

Report  on  Examinations 13  6 

Sanitation  of  School  Buildings 7  5 

Supervision  of  Superintendent 8  5 

Beard  of  Textbook  Commissioners 9 

Adoption  of  Textbooks 26  n 

Advertisement  for  Bids H-- 25  10 

Contracts  for  Books,  Bond  of  Publisher 27  12 

Custody  and  Distribution  of  Books 32  13 

Expenses    of   Commissioners 34  14 

Independent  School  Districts  Have  Special  Powers  26  n 

Meetings,  When  and  Where  Held 24  10 

Persons  Constituting  Board__ 23  9 

Publishers  to  Keep  Books  on  Hands 29  13 

Publishers  to  Furnish  Lists  of  Books 28  12 

Reserve  Supply  of  Books 33  14 

Requisition   for  Books 30  13 

Same:     Account  of  Books  Ordered 31  13 

Board,  Regular  Meetings  of 57  25 

Bonds  for  Rural  High  Schools _ — 139  58 

Bonds,    School   District 34 

Bonds  to  be  Printed__ 83  36 

Elections,    How    Called 76  34 

Elections,  How  Held —  77  35 

Investment  of  Sinking  Funds— "—            -  80  35 

Independent  School  District  Bonds 130,  131,  132  54~5 

Issuance  and  Registration  of  Bonds 77  35 

Liability  of  School  District 79  35 

Neglect  to  Pay  Over  Money  a  Felony _  84  37 

Payment  of  Interest  on  Bonds____ 82  36 

Redemption   of   Bonds 81  36 

Sale   of   Bonds 78  35 

Tax  Levy  to  Pay  Bonds 80  35 


106  IDAHO    SCHOOL   LAWS. 

Section  Page 
Blank  Forms,  Blank  Books  Furnished  Through 

County   Superintendent   22(b),38  8,  16 

Blind,  Deaf,  and  Dumb,  School  for 97 

Bonds  in  Independent  Districts,  see  Independent 
School    Districts. 

Census,  School  ' 58  (k)                        27 

Census,   Shall   Be   Furnished   Head   Teacher  of 

Each  District — 148  60 

Certificate,  Teachers  Must  Have 87  38 

Certificates,  All  Classes  of   (see  Certification  of 
Teachers). 

Certification  of  Teachers.  Article  X 38 

Certificates  Not  Granted  to  Aliens _—  88  38 

Time,  Place,  and  Manner  of  Holding  Examinations  89  38 

State  and  State  Life  Certificates 90-98  39 

Classes  of  Certificates 90  39 

Fees  for  State  and  State  Life  Certificates 96  41 

Life  Certificates  by  Examination 95  40 

Life  Certificates  by  Endorsement _  93  40 

Record  of   Certificates 98  41 

Revocation  of  State  and  of  State  Life  Certificates  97  41 

State  Certificate  by  Endorsement 91  (a)                        39 

Specialists  State  Certificates 91  (b)                       39 

State  Certificate  by  Examination 94  40 

University  of  Idaho   Graduates   Entitled  to 

Certificate 92  40 

County   Certificates   99-107  41 

First  Grade  Certificates 103  44 

Grades  of  Certificates 99  41 

General   Requirements   loo  42 

Permit  to  Teach , 105  44 

Professional  School  for  Teachers-— 101  (b)                       43 

Record  of   Certificates 103  .                         44 

Revocation  of  Teachers'  Certificates 106  45 

Second  Grade  Certificates 102  43 

Special   Third  Grade  Certificates 104  44 

Third  Grade  Certificates 101  (a),  (c)            42-3 

Child  Labor  Act,  Article  XVIII.—- 69 

Employers  to  Keep  Record  of  Minor  Employees  168  70 

Employment  of  Minors  in  Saloons,  etc 172  71 

Penalty  for  Violation  of  This  Article 170  70 

Probation  Officers   and   School  Trustees   to 

Bring   Complaint   173  72 

Prohibition  Against  Theatrical  Employment 

of   Children    171  71 

Restrictions    on    Employment    of    Children 

Under  Fourteen  (14)  166  69 

Same  :  Children  Under  Sixteen  ;  Educational 

Requirements     __ 167  7o 

Working  Hours  for  Children  Under  Sixteen 169  70 

Clerk,  Compensation  of 58  (c)                       25 

Clerk  in  Independent  District,  Compensation  for 127  51 

Code,  School  Given  Preference  in  Courts,  Article 

XXII.    80 

Collection  and  Assessment  of  Tax 56  24 


IDAHO    SCHOOL   LAWS.  I07 

Section  Page 

Compulsory  Education,  Article  XVI 60 

County  Superintendent  to  Report  Delinquents 150  61 

Duty  of  Probation  Officer 151  61 

Furnish  Census  List  to  Teacher 148  60 

Publish  Law  147  60 

The  Law 146  60 

Compulsory   Education   Law 160  67 

Conflicts,  Repealed,. Article  XXII 22 

Contracts  for  all  Repairs  and  Construction  Exceed- 
ing One  Hundred  Dollars   ($100) 58  (g)  26 

Contagious  or  Infectious  Diseases 59 

Shall  Be  Reported  to  Clerk  of  Board 142  59 

Pupils  Shall  Be  Excluded  From  School 143  59 

Textbooks  and  Clothing  Shall  Be  Disinfected___i44  60 

Contract  With  Teachers 58  (a)  25 

Course  of  Study,  State,  Teachers  Shall  Enforce 86  (b)  37 

County  Superintendent  (See  Superintendent). 

Course  of  Study 9  6 

Deaf.  Dumb,  and  Blind,  School  for 97 

Delinquent  Child,  Proceedings  for  the  Correction 

of,   Article   XVII 97 

Arrested  Child  to  Be  Taken  Before  Probate  Court_is6  64 
Child    to    Attend    School     (The    Compulsory 

Education,  Sec.  160) — 160  67 

Commitment   of   Child 157  65 

Delinquent  Child  Denned 152  62 

Encouraging    Delinquency    a    Misdemeanor 159  66 

Imprisonment  to  Be  Avoided 155  63 

Information  or  Complaint 154  63 

Issuance  of  Warrant 155  63 

Jurisdiction  of  Probate  Court _ 153  62 

Juvenile  Disorderly  Person  Denned 161  67 

Same:  Complaint,  Hearing,  and  Commitment 162  68 

Probation  Officers,  Appointment  and  Duties 163  68 

School  Trustees  to  Report  Delinquents 164  69 

Review  of  Orders  of  Probate  Court 165  69 

Supervision    of   Institution    Receiving    Children 158  66 

Depositing  School  Moneys  in  Independent  Districts_i27  51 

Depositories  for  Textbooks 33  14 

Discharge  of  Teachers 58  (e)  25 

Disease,  Prevention  of,  Article  XV 59 

Districts    (See  School  Districts). 
Districts,  Independent  School 

(See  Independent  School  Districts.) 

Districts,  Lapsed   52  21 

Districts,  New,  and  Change  in  Boundaries 47  19 

District    Trustees,    Article    VI.,    Appointed    for 

New  Districts  44  18 

Annual  School  Meeting 54  22 

Assessment  and  Collection  of  Tax_ __  56  24 

Election  of  Trustees 54  (b)  23 

How  Constituted , __ 53  22 

Length  of  School  Term 54  (d)  23 

Levy  of  Special  Tax 54  (c)  23 


IQ8  IDAHO    SCHOOL   LAWS. 

Section  Page 

Notice  of  Annual  School  Meeting 54  ^a)  22 

Trustees   Shall   Qualify 55  24 

Regular  Meetings  of  the  Board 57  25 

General  Duties  58  25 

All  Work  Exceeding  One  Hundred  Dollars 

Shall  Be  Contracted 58  (g)  26 

Discharge  of  Teachers 58  (e)  25 

Disorderly  Pupils   58   (j)  27 

Clerk  to  Keep  Record 58  (j)  27 

Employ  Teachers  on  Contract 58  (a)  25 

Fix,    Allow,    and    Order    Paid    Salaries    of 

Teachers 58  (b)  25 

Fix  Compensation  of  Clerk _  58  (c) 

Money  for  School  Libraries 58  (i)  26 

Pupils  From  Other  Counties 60  28 

Report  of  Trustees 61  28 

School  Census 58  (i)  '^6 

Shall  Provide  Flag 59  28 

Shall    Ascertain    if    Minors    are    Employed 

Contrary  to  Law 173  72 

Shall  Report  Delinquents  to  County  Super- 
intendent   164  69 

Shall    Not   Require   Teachers   to   Make   Up 

Institute   Time   58  (f)  25 

Trustees  Shall  Furnish  all  Things  Necessary 58  (h)  26 

Trustees     Have     Charge     of     all     School 

Property   __ 58  (g)  26 

Trustees'  Meetings 62  29 

Tuition  of  High  School  Pupils 58  (d)  25 

Tuition  of  Non-Resident  Pupils 58  (d)  25 

"District  Principal"  Defined 21  8 

Duties   of   County   Superintendent    (See    Super- 
intendent, County). 

Dumb,  Deaf,  and  Blind  School  for 97 

Education,  State  Board,  Article  I — .  5 

Eighth  Grade  Examinations 187  77 

Elections,  Bond 

How  Called 76  34 

How  Held  77  35 

Election  of  Trustees 

In  Common  School  Districts 54  (b)  23 

In  Independent  School  Districts.. 125  (a)  50 

Examinations    for    Teachers'    Certificates     (See 
Certification  of  Teachers).    - 

Examinations — 

Conduct  of,  by  County  Superintendent 41  17 

Examinations,  Questions 10  6 

Examining   Board   n  6 

Expenses  of  Conducting  Examinations 42  17 

Record  of  Examinations 12  6 

Report  of  Examinations 13  o 

Examination,    Eighth    Grade 187  77 

Funds  and  Finances  (See  School  Funds  and  Finances) 

Flag,  to  Be  Provided 59  28 


IDAHO    SCHOOL   LAWS.  IO9 

Section  Page 

High  Schools,  Rural  (See  Rural  High  Schools) 

Hygiene  and   Physiology 190-193  79 

Independent  School  Districts.  Article  XIII -  49 

Board  of  Trustees 124  50 

Compensation  for  the  Clerk— 127  51 

Corporate   Powers  123  49 

Election  of  Trustees 125  (a)  50 

Meetings  of  the  Board 128  5* 

Organization    __-  122  49 

Qualification  and  Organization  of  Board 127  51 

School  Moneys  Shall  Be  Deposited  on  Interest 127  51 

Treasurer's    Bond    127  51 

Trustees  Shall  Not  Be  Interested  In  Contracts 126  51 

Vacancies  on  Board  of  Trustees 125  (b)  50 

Duties  and  Powers 129  (a)  =j 

To  Make  By-Laws 129,  Para,  i  52 

To  Levy  a  Special  Tax 129,  Para.  3  52 

To  Provide  Furniture,  Fixtures,  Apparatus, 

Library,   Etc.   129,  Para.  4  5_ 

To  Rent,  Repair.  Insure,  and  Preserve  Property.129.  Para.  5  52 
To  Build,  to  Remove,  to  Purchase,  to  Sell 

School  Property 129,  Para.  6  52 

To  Expel   Pupils 1 129,  Para.  7  52 

To  Exclude  Children  Under  Six 129,  Para.  7  53 

To  Determine  the  Number  and  Qualifications 

of  Teachers  129,  Para.  8  5;, 

Employees    129,  Para.  2  =j 

To  Determine  Length  of  School  Day 129,  (a)  Para.  8        53 

To   Provide   for   Early   Dismissal   of   Primary 

Pupils    , 129,  Para.  8  53 

To  Require  Pupils  to  Have  Books  and  Supplies_i29.  Para.  9  53 

To  Exclude  Everything  of  a  Sectarian  Nature 129,  Para.  10  53 

To  Require  Teachers  to  Conform  to  Law 129,  Para.  II  53 

To  Require  Teachers  to  Conform  to  Regula- 
tions of  Board 129,  Para,  n  53 

Independent    School    Districts,    Class    A 

Class  A  District.  Defined 129  (b)  5,; 

To  Adopt  Course  of  Study 129,  Para,  i  53 

To  Adopt  Textbooks 129,  Para.  2  53 

To  Employ  a  Superintendent  of  Schools 129,  Para.  3  53 

To  Prescribe  Examinations  and  Tests 129,  Para,  i  53 

Exempted  from  State  Eighth  Grade  Examinations- 187  77 
Superintendent    Shall    Report    Delinquents    to 

Probation  Officer 149  (b)  61 

Issuance  of  Funding  Bonds 130  54 

Original  Bond  Election 131  54 

lax  Levy  for  Payment  of  Bonds 132  55 

General    School    Law    Applies    to    Independent 

Districts    ; 133  55 

Incorrigible  Children  (See  Delinquent  Children). 

Industrial    Training    School oS 

Institutes    14  6 

Institutes  for  Teachers  (See  Teachers'  Institutes). 

Institutes.  County,  Conduct  and  Expense  of II  6 

Interest,  Payment  of.  on  Bonds 82  36 

Insubordinate  Children  (See  Delinquent  Children). 


110  IDAHO    SCHOOL   LAWS. 

Section  Page 

Investment  of  Surplus  Money 75  34 

Joint  Districts,  How  Formed 50  20 

Juvenile  Offenders    (See  Delinquent  Children). 

Lapsed  Districts 52  21 

Lewiston  Normal   School 85 

Library  Commission,  State,  Article  XIX 72 

Accounts  of  Commission 176  73 

Constitution  of  Commission 174  72 

Management  of  Traveling  Library 175  72 

Library,  Public,  Article  XX 73 

Citizens  May  Establish  Library 177  73 

Directors  of  Library 179  74 

Donations  to  Library 183  76 

Libraries  to  Be  Free 181  75 

Library  Defined 184  76 

Organization  and  Powers  of  Directors 180  75 

Report  of  Directors , 182  75 

School  District  Libraries:  Election 178  73 

Taxes  for  Existing  Libraries .184  76 

Libraries,  3%   of  Annual  Appropriations 58  (i)  26 

Meetings,  Annual  School 54  22 

Meetings  for  County  Teachers 37  (c)  16 

Meetings  of  Board  in  Independent  Districts 128  5i 

Meetings  of  all  Trustees  of  County 62  29 

Meetings,  Regular,  of  the  Board 57  25 

Morals  and  Manners  to  Be  Taught 86  (b)  37 

Normal  School,  Albion 89 

Normal  School,  Lewiston. 85 

Normal  Schools,  Summer,  Article  XII 47 

Normal  Schools,  Professional  Schools 101  (b)  43 

Non-Resident  Pupils,  Tuition  of 58  (d)  25 

Notice  of  Proposed  Changes  in  District  Boundaries.  48  20 

Notice  of  Annual  School  Meeting 54  (a)  22 

Partisan  and  Sectarian  Instruction  Forbidden 186  77 

Permits   to   Teach 41  17 

Petition    for    Change    of    District    Boundaries, 

Action  on 49  2o 

Physiology  and  Hygiene — 
Authoritative  Textbooks  and  Needed  Facilities 

Shall    Be    Provided '. 190  (b)  79 

Certificate    Revoked    If    Teacher    Refuses    or 

Neglects  to  Teach ' 193  79 

Instruction  Shall  Be  Given  in  the  State  Re- 
formatories     192  79 

Instruction  Shall  Be  Given  in  Normal  School 

and  Institutes  191  79 

What  Shall  Be  Taught 190  (a)  79 


IDAHO    SCHOOL   LAWS. 

Section 
Prevention  of  Disease,  Article  XV 

Contagious  Diseases  Reported  to  the  Clerk  of  the 
Board 142 

Pupils  Excluded  From  School 143 

Textbooks,   Disinfected   144 

Violation  of  Article  a  Misdemeanor 145 

Principal,  District  Denned —  21 

Probation   Officer — 

Duty  to  Place  Children  in  School ---151 

Appointment  and  Duties .163 

Shall     Ascertain     if     Minors     are     Employed 

Contrary  to  Law 173 

Professional  School   for  Teachers 101  (b) 

Public  Libraries    (See  Library.   Public). 

Pupils,  Conduct  at  School  and  on  Way  to  and 

From  School - 86  (b) 

Pupils,  From  Other  Counties 60 

Pupils,  Insubordinate , 58  (k) 

Pupils,    Suspension   of 86  (a) 

Qualification   of   Trustees 55 

Records  to  Be  Kept  by  Clerk 58  (j) 

Reformatory  (See  Industrial  Training  School). 

Report  of  Trustees -  61 

Report,  Annual,  by  County  Superintendent 43  (a) 

Reports,  Teachers  Shall   Make 86  (b) 

Reports  and  Records 85 

Rules  and  Regulations  of  State  Superintendent, 

Teachers    Shall    Enforce 86  (b) 

Rural  High  Schools,  Article  XIV 

Appointment  of  New  Trustees 136  (a) 

Bonds    139 

Disorganizing  of  Old  Board .136  (a) 

Duties  of  Board 138 

Election . 135 

Election  of  Trustees 136  (a) 

Meetings  of  Board 137 

Organization   of   Trustees 136  (c) 

Petition  for  Organization 134 

Powers  of  Board 137 

Qualifications  of  Trustees 136  (b) 

Segregation   of   Bonds , 141 

Supervision  of  Bonds 140 

Salaries  of  Teachers,  Fixed,  Allowed,  and  Paid-  58  (b) 

Sanitation  of  School  Buildings 7,  39 

Sectarian   and    Partisan   Instruction   Forbidden 186 

School  Buildings,  Sanitation  of 7,  39 

School    Census    58  (k) 

School  for  Deaf,  Dumb,  and  Blind 

School  Districts,  Independent   (See  Independent 
School   Districts). 


112  IDAHO    SCHOOL   LAWS. 

Section  Page 

School  Districts,  Article  V 18 

Action   on   Petition 49  20 

Apportionment  for  New  District 51  21 

Body  Corporate  46  18 

Joint  Districts,   How  Formed 50  20 

Lapsed    Districts    52  21 

New  Districts,  and  Change  in  Boundaries 47  19 

Notice  of  Proposed  Changes 48  20 

School   District   Boundaries 43  (b)  18 

School  District  Bonds    (See  Bonds). 

School      Laws      Furnished      Through      County 

Superintendent    22  (b)  8 

School  Meeting,  Annual 54  22 

School  Month,   Denned 185  69 

School  Funds  and  Finances,  Article  VII 29 

Additional   School  Land 64  29 

Apportionment    by    County    Superintendent 67  30 

Accounts  of  Treasurer  With  School  District 68  31 

Auditor  to  Draw  School  Warrants 70  32 

County,  School  Taxes 65  2.9 

Discharge  of  School  Moneys 66  30 

Duties  of  County  Superintendent 69  32 

Deficiency    Warrants    71-74  33 

How  Fund  Is  Constituted 63  29 

Independent  School  Warrants  Not  Countersigned.  70  32 

Investment  of   Surplus   Money ' 75  34 

School  Term,  Length  of 54  (d)  23 

Sinking    Fund,    Investment    of 80  35 

Special  Tax,   Levy   of ^—  54  (c)  24 

State  Board  Education,  Article  I 5 

State  Board  Education — 

Shall   Supervise  Rural   High   Schools—  —140 

State   Superintendent — 

Election    Qualifications,    Residence,    and    Oaith 

of  Office  19  7 

Executive    Officer    of    the    State    Board    of 

Education   22  (a) 

Furnish  Blank  Forms,  Books,  and  School  Laws__  22  (b) 

Meetings  With  Superintendents 21 

Office  and  Seal 20  8 

Report  to  the  Governor 22  (c)  9 

Supplies  Furnished  for  State  Superintendent 22  (e)  9 

Visit  and  Inspect   School 22  (d)  9 

Shall  Visit  Summer  Normal  Schools 120  48 

Superintendents,    Supervision    of 8  5 

Supervision  by  Board  of  Education 5  5 

Supervision   of   Superintendents 8  5 

Supplies  Shall  Be  Furnished 58  (h)  26 

State    University    81 

Summer  Normal  Schools,  Article  XII 47 

Annual  Term  of  Schools 116  47 

Commission  in  Charge 112  47 

Courses   of   Study 114  47 

Commission  May  Discontinue  Schools 119  48 

Minutes    and    Report 115  47 

Meetings  and  Officers  of  Commission 113  47 

Superintendent  to  Visit  Schools 120  48 


IDAHO    SCHOOL   LAWS. 

Section  Page 

Summer  Normal  School  Fund 118  48 

Use  of  Buildings  to  Be  Free 121  48 

Who  May  Receive  Instruction 117  48 

Superintendent,    County,    Article    IV 15 

Appointment  of  Trustees  for  New  Districts 44  18 

Annual   Report   43  (a)  17 

Blanks  and  Supplies 38  16 

Boundaries  of  School  Districts 43  (b)  18 

Buildings,  Sanitation  and  Equipment  of  School 

Property _  39  16 

Conduct  of  Teachers'  Examinations 41  17 

Election,  Residence,  and  Term  of  Office 35  15 

Expenses  of  Conducting  Examinations 42  17 

Failure  to  Report  to  Slate  Superintendent,  Penalty    45  18 

Oath,  Bond,  and  Qualifications 36  15 

Office   Assistance   37  (e)  16 

Office  Duties 37  (d)  16 

Permits   to   Teach 41  17 

Records   40  17 

Sunervision     of     Public     Schools     Excepting 

Class    A   Independent   School    Districts 37  (a),  (b)  15 

Teachers'   Meetings   37  (c)  16 

Shall  Hold  Institute,.- 108  45 

Duty  to  Keep  Record  of  Warrants 69  32 

Shall  Report  Delinquents  to  Probate  Court 164  69 

Shall  Report  Delinquents  to  Probation  Officer 150  61 

Tax,  Assessment  and  Collection  of 56  24 

Tr.xes.   County   School 65  29 

Tax  Levy  to  Pay  Bonds .-  80  35 

Tax,  Special  Levy  oi -  54  (c)  23 

Teachers,  Article  IX — 37 

Enforce  State  Course  of  Study 86  (b)  37 

Enforce  Rules  and  Regulations  Prescribed  by 

State    86  (b)  37 

Make    Reports    86  (b)  37 

Duty  of  Teacher  to  Report  Pupils  Not  in  At- 
tendance     149  61 

Discharge  of  58  (e)  25 

Employed  on  Contracts 58  (a)  25 

Require    Proper    Conduct    and    Language    in 
Building,   on   Playgrounds,   on  Way  to   and 

From  School  86  (b)  37 

Shall  Keep  Himself  Without  Reproach 86  (b)  37 

Shall    Teach    Morality 86  (b)  37 

Shall    Teach    Manners 86  (b)  37 

Shall  Teach  General  Literature 86  (b)  37 

Shall  Attend   Institute 109  46 

Teachers   Must   Have    Certificate 87  38 

Suspension    of    Pupils 86  (a)  37 

Use   State  Textbooks 86  (b)  37 

When  Paid  for  Institute  Attendance.- no  46 

Teachers,   Certification   of    (See   Certification   of 

Teachers- 
Teachers'   Institutes,   Article  XI 45 

Conduct  and  Expenses  of  Institute..         in  46 

Held  by   County   Superintendent 108  45 

Teachers    Shall    Attend   Institute 109  46 

Teachers  of  Adjourned  Schools  to  Draw  Pay no  46 


H4  IDAHO    SCHOOL   LAWS. 

Section  Page 

Teachers  Paid  for  Attending  Institute 58   (f)  25 

Term,   School,  Length  of 54  (d)  23 

Textbook   Commissioners    (See   Board   of  Text- 
book   Commissioners). 

Textbooks    (See   Board   of   Textbook    Commis- 
sioners).) 

Textbooks,  State,  Teachers  Shall  Use 86  (b)  37 

Independent    District,    When    Excepted___ 26  n 

Textbooks  Shall  Be  Disinfected,  When 144  60 

Training  Schools  for  Teachers 101  (b)  43 

Traveling  Library,  Management  of 175  72 

Trustees,  County,  Meetings  of 62  29 

Treasurer  County,  Accounts  With  Districts 68  31 

Treasurer  of  Independent  Districts — 

Official    Bond    — 127  51 

Shall   Deposit  Moneys --127  51 

Trustees,  District   (See  District  Trustees.) 
Trustees   for   Rural   High    Schools    (See   Rural 

High  Schools). 
Trustees  of  Independent  Districts — 

Board  of .-— 124  5o 

Election    of    1—125  (a)  50 

Shall  Not  Be  Interested  in  Contracts 126 

Qualifications    of    Board 127  51 

Vacancies  on  Board 125  (b)  50 

Trustees'   Report   -61 

Trustees   Shall   Qualify —  55  24 

Tuition  of  High  School  Pupils 58  (d) 

Tuition  of  Non-Resident   Pupils 58  (d) 

University,   State   , Si 

Visit    County    Schools,    Duty   of   State    Superin- 
tendent   -  22  (d)  9 

Warrants,    Deficiency    -71-74  33 

Warrants,  Independent,  not  Countersigned 70  32 

Warrants,  Duty  of  Auditor  to  Draw 70  32 


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